Gabe Roth: Select Testimony, Op-Eds and TV Appearances

Select Congressional and Judicial Testimony:

“The Judicial Conference’s Recommendation for More Judgeships,” Hearing before the U.S. Senate Committee on the Judiciary, June 30, 2020: text

“The Federal Judiciary in the 21st Century: Ideas for Promoting Ethics, Accountability, and Transparency,” Hearing before the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Courts, Intellectual Property and the Internet, June 21, 2019: text | video

Comment on the Proposed Amendments to the Code of Conduct for U.S. Judges and the Judicial Conduct and Disability Rules, Oct. 29, 2018: text

Select Op-eds:

“Why Are Supreme Court Justices Registered as Democrats and Republicans?” Bloomberg Law, Feb. 3, 2020: link

“U.S. Supreme Court justices are just like you and me. They shop for groceries. They like pizza. They vote in presidential elections. It’s fine for the nine to have an opinion on Wegman’s vs. Trader Joe’s or pepperoni vs. pineapple, but one would hope that the arbiters of the most critical issues facing our nation wouldn’t be choosing ‘Republican’ or ‘Democrat’ on their voter registrations.”

“Nine Justices Shouldn’t Abide by Nine Sets of Rules,” National Law Journal, May 16, 2019: link

“Part of the job of a justice is deciding tough cases, and some [5-4] polarization can be justified. Yet a closer examination of the court reveals the confounding fact that it’s not just the issues of the day on which the justices lack agreement. It’s also how they comport themselves as purportedly unprejudiced public officials, a place where consensus should rule the day.”

“The Supreme Court Is Being Hypocritical,” New York Times, Oct. 11, 2016: link

“The Supreme Court’s motto may be ‘equal justice under law.’ But sometimes it seems more like ‘do as we say, not as we do.’ […] Each year, the justices hear a handful of suits that have parallels with how they act as stewards of their institution. But instead of changing their own practices in light of their holdings in these cases, the justices too often carry on as before, as if they can play by their own rules when it comes to transparency and accountability.”

“Where John Ashcroft and Merrick Garland meet,” St. Louis Post-Dispatch, June 10, 2016: link

“If a mandatory retirement age for the justices — say 70 or 75, like in many other modern democracies — were in place, we would more readily know when the justices would be leaving the bench. That means we wouldn’t be experiencing the acute political and judicial crises caused by the death of a near-80-year-old in failing health. […] But what can be done today? One suggestion is for Republicans in the U.S. Senate to tie [a Garland] confirmation to the passage of a law that would require a mandatory retirement age of 70 for prospective justices, starting with Garland. That way, Obama’s nominee, who is 63, would serve only for seven years and whoever beats a President Trump or a President Clinton in 2020 would pick his replacement.

“At the Supreme Court, conflicts of interest are just a day at the office,” Los Angeles Times, Nov. 30, 2014: link

“Justice Alito’s sister is a high-powered labor attorney who represents management in disputes with workers. Justice Kagan’s brother, a teacher at an elite public school in New York, has protested the school’s admissions process because of low minority enrollment. And Justice Breyer’s son co-founded a tech company that broadcasts civil court proceedings.

“Does having relatives involved in labor disputes, affirmative action battles and cameras in courtrooms affect how Supreme Court justices decide cases and manage their institution? They say no, and we’re supposed to take them at their word. But is ‘trust us’ really good enough for the nation’s highest court? A confluence of recent events has made the Supreme Court the most powerful, least accountable public institution in the country. It is time to make the justices more accountable to the American people.”

Select TV Appearances

“Fix the Court’s Roth discusses Supreme Court ‘fixes,'” MSNBC, Sept. 21, 2020: link

“Gabe Roth on public opinion of the U.S. Supreme Court,” C-SPAN’s Washington Journal, Nov. 5, 2019: link

“Q&A with Brian Lamp,” Mar. 1, 2016: link

“Gabe Roth on term limits for Supreme Court,” C-SPAN’s Washington Journal, Nov. 1, 2018: link

“Fix the Court’s Roth: Supreme Court is ‘most powerful, least accountable’ institution,” MSNBC, May 26, 2015: link

Gabe Roth’s resume

Get the Latest