The Federal Judiciary (District Courts, Circuit Courts of Appeals and Supreme Court) is currently the subject of controversy, and the League wants to be part of the conversation. But before we can advocate on the issues, we need to study them. Through the Federal Judiciary Study now underway, the LWVUS will develop the principles, standards and norms it will use to  evaluate future policy proposals, laws and regulations involving the federal courts. This study will ensure a durable foundation for our advocacy in this area. 

Among other issues, we are considering what principles, standards and norms should govern:

• Judges’ financial disclosure requirements

• “Forum shopping,” when parties file litigation in what are perceived to be “friendly” jurisdictions

• Judicial ethics standards and enforcement 

• Recusal standards and enforcement, which require a judge to withdraw from a case if there is a possible conflict of interest or lack of impartiality 

• The role of legal precedent

• Structural reform for the Supreme Court

What is Consensus?
The goal is to develop substantial agreement among members regarding what these principles should be. The consensus reached through group discussion is the overall sense of the group as expressed through the exchange of ideas and opinions. 

How can I prepare for this consensus meeting?
The study team has prepared a series of policy briefs on specific topics related to the federal judiciary. They are designed to inform and help spark discussion among League members as we work toward a LWVUS  position on the federal judiciary. 

 

You may download these policy papers in a PDF version by clicking the links below. 
Financial Disclosure
Judge Shopping
Judicial Ethics and Enforcement
Legitimacy and the US Supreme Court
Recusal
Representation
Shadow Docket
Stare Decisis and Binding Precedent
Structural reforms for the US Supreme Court
This reading is encouraged but not mandatory to join the discussion.

You may also find these discussion prompts useful as  you review the policy briefs.  
 

What are the consensus questions and what happens next?
Consensus questions 
Local Leagues will report their consensus recommendations to LWVUS, which will use them to draft the new LWVUS position on the Federal Judiciary.