Conservative judicial activist urges Supreme Court to disbar and revoke privileges of Dem Sen. Sheldon Whitehouse

 June 21, 2024

Sen. Sheldon Whitehouse (D-RI) has been on a rampage for several years against the Supreme Court and its conservative-leaning majority, with a particular focus on the two arguably most conservative members, Justices Samuel Alito and Clarence Thomas.

Now, in an op-ed for The Washington Times, a conservative attorney and judicial activist is calling upon the Supreme Court to disbar Sen. Whitehouse and strip him of his privileges to appear before or file briefs with the nation's highest court.

The justification for such disciplinary action, according to the Article III Project founder and President Mike Davis, is that a severe response is warranted by the Democratic senator's years-long crusade to bully, harass, and threaten sitting justices as well as violate the court's rules and procedures.

Supreme Court should "firmly rebuke" senator for his "unethical behavior"

Davis asserted that Sen. Sheldon's constant complaints against conservative justices has "gone from merely embarrassing to genuinely sinister, as he has threatened justices on pending cases, hoping they rule in a way that aligns with his worldview."

As such, "The Supreme Court shouldn’t tolerate Mr. Whitehouse’s nonsense and should firmly rebuke him for his unethical behavior by removing him from the Supreme Court Bar."

The most recent example of the senator's "unethical behavior" is his seizure upon media-manufactured contrived controversies about certain flags flown by Justice Alito's wife outside their homes that have prompted his repeated demands for Alito to recuse himself from two specific cases -- former President Donald Trump's claimed immunity from criminal prosecution and the DOJ's novel use of a financial crimes "obstruction" statute to severely punish Jan. 6 Capitol riot defendants.

History of bullying, harassing, and threatening Supreme Court justices

Beyond merely harassing and smearing Justice Alito, Davis alleged in his op-ed that Sen. Whitehouse has also violated fundamental legal principles and the Supreme Court's rules by engaging in "ex parte" communications, meaning communications with a judge about a particular case that not all parties involved in the case are privy to.

In this instance, Davis pointed to a letter sent last month to Chief Justice John Roberts from Whitehouse and Sen. Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, that demanded an in-person meeting, his testimony before the committee, and for him to force Alito to recuse himself from the aforementioned cases.

When that attempt to bully the chief justice rightly failed, Davis noted, Whitehouse and Durbin resorted to renewing their threat that was first issued last year to legislatively impose their will on the separate and co-equal branch of government with a Democrat-designed and congressionally enforceable code of conduct and ethics for the Supreme Court.

It should also be noted that in addition to engaging in ex parte communications and making untoward demands of the chief justice that violate the separation of powers principles, Whitehouse has also been bullying and harassing Justice Thomas over alleged undisclosed gifts from wealthy friends that the jurist was not required to disclose at the time they were received.

Davis further pointed out that Whitehouse's abusive behavior dates back to at least 2019, when he filed an amicus brief with the Supreme Court in a Second Amendment case that ironically ranted about the influence of politics on the court while he, an elected politician, attempted to influence the court to rule in a certain manner that he approved of.

Whitehouse should be disbarred and have his court privileges revoked

In response to all of that and more, Davis cited Rule 8.2 of the Supreme Court's Rules of the Court, which states: "After reasonable notice and an opportunity to show cause why disciplinary action should not be taken, and after a hearing if material facts are in dispute, the Court may take any appropriate disciplinary action against any attorney who is admitted to practice before it for conduct unbecoming a member of the Bar or for failure to comply with these Rules or any Rule or order of the Court."

That "appropriate disciplinary action" can and should include, according to Davis, being disbarred by the high court and having his privileges there as an attorney revoked.

"His unethical conduct is an embarrassment to the legal profession, he is a grave danger to the rights of criminal defendants, and he is unfit to practice before our nation’s highest court," Davis concluded of the Democratic senator. "If Mr. Whitehouse wishes to rant to the court in another frivolous letter, he should have to hire a lawyer."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.