Written by Ashton Snyder on
 October 26, 2024

SCOTUS Watchdog Group Fails to Scrutinize Justice Sonia Sotomayor's Travel

Fix the Court, a group known for its work on bolstering Supreme Court transparency, failed to highlight two of Justice Sonia Sotomayor's overseas trips until a reporter prompted further action.

Fix the Court updated its website after skipping over Justice Sotomayor's travels, sparking criticism of possible bias on the organization's part as the Washington Examiner reports.

Gabe Roth, who leads Fix the Court, updated the group's website after contact was initiated by the Examiner. The group had omitted mention of Justice Sotomayor’s July 2024 travels to Vienna, Austria, and later, to Switzerland. Her engagements involved a meeting with the Austrian Minister of Justice and a panel at the University of Zurich.

Fix the Court often scrutinizes the transparency practices of Supreme Court justices. The organization has previously been critical of justices appointed by Republican presidents, including Clarence Thomas and Samuel Alito, particularly concerning gift disclosures and financial matters. However, the omission of Sotomayor's travel sparked concern over the possibility of partisan leanings.

Fix the Court's Connection to Arabella Advisors

The watchdog group is associated with the Democratic Party-linked Arabella Advisors network based in Washington, D.C. This connection has further fueled allegations of political bias, especially given the group's frequent criticism of Republican-appointed justices. Formerly a project of the New Venture Fund, Fix the Court's leadership has faced accusations of partisan motivations.

Mark Paoletta, a prominent critic of the group, describes Roth and his organization as "partisan hacks" supported by wealthy liberals with an agenda against the Supreme Court’s conservative justices. Roth's failure to record Justice Sotomayor’s international travel until prompted is seen by some as evidence of bias.

Sotomayor's omitted travel included significant engagements in Europe. She met with influential figures such as Alma Zadić, Austria’s Minister of Justice, and took part in a notable university event. Despite these prominent interactions, Fix the Court’s initial oversight raised questions about their impartiality.

Internal Oversight and Financial Disclosures

In the past, Gabe Roth has admitted to errors in financial reporting, acknowledging his shortcomings in administrative tasks. Fix the Court once failed to disclose certain lobbying activities, prompting Roth to issue an apology and correct the financial records. The group struggled with financial transparency when a donor list was inadvertently leaked.

Roth's prior comments suggest he is aware of his limitations as an administrator, having labeled himself a "klutz" in financial management. Despite these personal acknowledgments, the group's mishaps have nonetheless drawn sharp criticism and skepticism.

Part of the scrutiny stems from Fix the Court's transparency goals not being consistently met. Roth's previous missteps, such as the donor list exposure, raised concerns about the group's future viability, with Roth fearing potential damage to their funding sources.

Perception of Bias and Criticism of Oversight

Criticism also came from conservative judicial activist Carrie Severino, who argued that while there is no ethical issue with Justice Sotomayor's travels, the oversight by Fix the Court of such a significant trip is troubling. Severino pointed out that the organization meticulously tracks Republican-appointed justices while overlooking significant events in the justices' schedules considered not aligned with their usual scrutiny.

Roth responded to the inquiry with gratitude for the "tip," promising to rectify the oversight. His acknowledgement highlighted Fix the Court's ongoing challenges in maintaining a nonpartisan stance in its mission. The debate surrounding the omission further complicates the perception of the group’s operations, especially against the backdrop of political tensions regarding the Supreme Court.

The incident amplifies a broader conversation on the importance of transparency and impartiality in monitoring activities of Supreme Court justices. Fix the Court’s corrective measures underscore the challenges they face in maintaining a balanced approach amidst harsh critiques and financial transparency issues. Roth's seeming openness about past mistakes has not shielded the organization from skepticism regarding its true nonpartisan intent.

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About Ashton Snyder

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