On Thursday, April 10, 2025, Fix The Court executive director Gabe Roth published an article examining the ethical implications for Supreme Court justices as numerous lawsuits involving President Donald Trump advance towards the court. With over 200 lawsuits filed against Trump administration directives since January 20, Roth analyzes the potential need for justices to recuse themselves based on personal financial interests, relationships, and past affiliations.
The article evaluates each justice’s circumstances, rating their likelihood of needing to step aside in cases related to Trump.
Chief Justice John Roberts is identified as having medium exposure due to his wife, Jane Roberts, who is a partner at a legal recruiting firm. Jane’s involvement in placing attorneys at firms that have sued the Trump administration raises questions about potential conflicts of interest, particularly if the case reaches the Supreme Court.
Roth explains that if Jane Roberts placed an attorney at WilmerHale, a firm involved in litigation against Trump, and received compensation for that placement within the past six years, the Chief Justice would likely need to recuse himself. He also notes that Roberts has had to recuse himself from cases involving the Smithsonian, where he serves on the Board of Regents, depending on the nature of the litigation.
Justice Clarence Thomas is assessed as having low exposure regarding conflicts of interest. His wife, Ginni Thomas, sits on the Library of Congress Trust Fund Board, but there is currently no litigation involving the Library that would necessitate recusal. Roth acknowledges Thomas’s documented ties to real estate developer Harlan Crow but concludes that these connections do not present a direct conflict in cases related to the National Institutes of Health.
Justice Samuel Alito is categorized as having low to medium exposure due to stock holdings in companies that are likely to be hit hard by Trump administration’s tariffs. If any of these companies decide to litigate over the tariffs, Alito would likely need to recuse himself. Roth also mentions Alito’s past teaching positions, none of which are expected to conflict with Trump-related cases.
Justice Sonia Sotomayor is deemed to have very low exposure, as her public speaking engagements are unlikely to compromise her impartiality regarding Trump-related litigation. Similarly, Justice Elena Kagan is noted to have no potential conflicts to report.
Justice Neil Gorsuch is considered to have low exposure, despite his past work with the Department of Justice during the Bush administration, particularly regarding Guantanamo Bay. Roth mentions Gorsuch’s recusal in a recent environmental case linked to business interests but finds no substantial ties to Trump administration policies.
Justice Brett Kavanaugh is rated as having low exposure, primarily due to personal friendships that typically do not trigger recusal. His ongoing teaching at Notre Dame Law School is also unlikely to pose any ethical concerns.
Justice Amy Coney Barrett is similarly rated with low exposure. Although her upcoming book tour may generate questions about her views on Trump-related litigation, Roth believes she will maintain impartiality. Her previous recusal in a case involving a close friend is noted, but it did not involve any parties suing the administration.
Justice Ketanji Brown Jackson is evaluated as having low exposure, having previously recused herself from a case involving Harvard University during her tenure on the Board of Overseers. Roth states that Jackson would not need to recuse herself relating to any current Trump lawsuits involving Harvard, as her board service concluded prior to the relevant events.
Roth concludes that as litigation involving the Trump administration progresses, the ethical landscape for the Supreme Court justices may evolve. He indicates that this analysis will be updated periodically on the Fix The Court website to reflect any changes in the justices’ circumstances that could affect their ability to serve impartially in these cases.
Source: Fix The Court
