by Mitch Kokai
Senior Political Analyst, John Locke Foundation
A judicial oversight group is pressing to disqualify Sens. Ted Cruz (R., Texas) and Josh Hawley (R., Mo.) from the Supreme Court bar because of their connection to the Capitol riot.
Fix the Court, a nonpartisan watchdog, wrote in a letter Wednesday that the lawmakers engaged in conduct unbecoming an officer of the Court by “baselessly objecting to the certification of the Electoral College results.” The justices have the power to remove members of the Supreme Court bar for misconduct, and a few dozen members are usually disbarred each year.
Cruz and Hawley are both well-credentialed members of the legal elite, having graduated from top law schools and clerked for legal luminaries. Removing them from the Supreme Court bar would amount to a stunning rebuke, especially as SCOTUS lawyers and justices alike prize collegiality and respect despite deep disagreements.
“It’s unlikely these senators will be removed from Congress, so we seek a consequence that is both meaningful and achievable,” said Fix the Court executive director Gabe Roth. “Suspension and removal from the Supreme Court bar hits that mark, as both senators would find such expulsion deeply unsettling given their SCOTUS experience. We welcome members of the Supreme Court bar to join us in our effort.”
Roth told the Washington Free Beacon that removing Cruz and Hawley from the Supreme Court bar could satisfy other legislators looking to punish the pair over the Jan. 6 riot. …
… Both men have substantial ties to the institution. Cruz clerked for former Chief Justice William Rehnquist and argued nine cases before the Court as Texas’s top appeals lawyer. Recently, he offered to argue an election lawsuit before the justices on President Donald Trump’s behalf. Hawley was a clerk to Chief Justice John Roberts and met his wife, Erin Morrow Hawley, in Roberts’s chambers, where she was also a law clerk.