The federal judiciary plays an essential role in US democracy, and a formally adopted position on the federal judiciary is required before the League of Women Voters of the United States can advocate on relevant issues.
A prerequisite for LWVUS adoption of a position is what is called a study. At the LWVUS convention in 2024, delegates voted to proceed with a nationwide study on the federal judiciary as a step toward adopting a position. Using study materials developed by the national League, the LWVE and other local Leagues throughout the country then learned about the issues, convened local consensus meetings, and sent the results of their consensus meetings to the national League.
For the study stage, a task force of LWVE members joined members from the Wilmette and Glenview/Glencoe Leagues. Then, at the LWVE consensus meeting on April 9, members of our League responded to 12 consensus items provided by the LWVUS. The results were subsequently submitted to the national League to support adoption of the new position at the LWVUS convention in June 2025.
Consensus statements approved at the LWVE meeting affirmed the essential values of transparency, accountability, independence, and ethical conduct in the federal judiciary. The following eight consensus statements formulated by the LWVUS were also approved:
- There should be binding universal standards of conduct for judges and Justices at all levels of the Federal courts.
- Court hearings, documents filed in the court, and rulings for all federal cases should be open and available to the public.
- There should be an effective enforcement mechanism for the Federal Judiciary code of ethics at all levels.
- An enforcement mechanism should include a process to require a judge to recuse him- or herself when a reasonable litigant would believe that the judge or Justice has a bias against any party or an issue raised in the case.
- A judge or Justice’s decision and rationale to recuse or not recuse should be publicly disclosed in writing.
- Federal judges and Justices should be subject to rigorous financial disclosure requirements, enforcement, and penalties for all financial benefits.
- Stability of law (stare decisis) is a value that contributes to a strong democracy.
- Public perception of the Supreme Court’s legitimacy contributes to a strong democracy.
The consensus process is one of the important ways that the LWVUS and local Leagues interact. We are grateful to Kathy Tate-Bradish for leading the consensus meeting and to Mary Kelly for recording and compiling the consensus. The other members of the task force were Jennifer O'Neil, Elizabeth Kinney, Michelle Jordan, and Lois Taft.