Kavanaugh halts lawsuit against Supreme Court
Justice Brett Kavanaugh issued an emergency order stopping a lawsuit accusing the Supreme Court of ethical violations. The ruling came early in the Court's new term, highlighting ongoing debates over judicial accountability.
The U.S. Supreme Court's 2025 term began on October 7, but attention quickly turned to an administrative action by Justice Brett Kavanaugh. On October 8, Kavanaugh, acting alone on the Court's 'shadow docket,' granted a stay in a lawsuit filed by a coalition of ethics watchdogs against the Supreme Court itself.
The suit, brought under federal ethics laws, alleged that the Court had failed to enforce its own code of conduct adopted in 2023, citing instances of undisclosed gifts and recusals in high-profile cases. Plaintiffs sought an independent monitor to oversee judicial ethics. Kavanaugh's unsigned order paused the lower court proceedings, stating, 'Judicial immunity bars suits challenging core functions of this Court.' This move prevents the case from advancing while the justices consider further review.
Legal analysts noted the timing coincides with the term's start, which includes cases on online content moderation, such as YouTube's liability for hosting conversion therapy videos under Section 230. However, the ethics lawsuit stems from broader scrutiny following 2024 disclosures about justices' finances. Critics, including the American Bar Association, argued the stay undermines transparency efforts. 'This shields the Court from necessary oversight,' said ethics expert Lauren Damon in a statement.
Supporters of the ruling emphasized separation of powers. Constitutional scholar William Baude remarked, 'The Court must protect its independence to function impartially.' No timeline was set for full arguments, but the decision underscores tensions in judicial self-regulation amid public trust concerns, with polls showing approval ratings below 40%.
The case originates from a D.C. district court filing in September 2025, escalating quickly due to its novelty. While Kavanaugh's action resolves no merits, it maintains the status quo, allowing the term to proceed without immediate distraction.