Jackson Purchase News

WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell (R-KY) delivered remarks today on the Senate floor regarding judicial ethics and the First Amendment.

"Free speech has been an animating principle for my entire career in the Senate. I am second to no one in my defense of the First Amendment. So I’ve found the recent habit of the federal judiciary’s bureaucracy to try and abridge its protections alarming, to say the least," McConnell stated.

He emphasized that courts are where citizens seek vindication of their free speech rights against censorious government officials. "I know this from experience: I sued to stop the anti-speech campaign finance rules signed into law by President Bush, and I took it all the way to the Supreme Court."

McConnell questioned what recourse is available when courts prioritize other interests over the First Amendment, calling even having to ask such a question troubling.

He noted that he and two colleagues recently wrote to the head of the Standing Committee on federal rules expressing opposition to a proposed amendment governing appellate courts. "The amendment is the result of persistent bullying of Senate Democrats, and it would force parties seeking to be heard as friends of the court to disclose their donors in certain instances."

According to McConnell, forced disclosure of donors is a longstanding offense against the First Amendment, referencing Justice Harlan's explanation in NAACP v. Alabama. He stressed that forced disclosure is tolerated only for actual candidate electioneering to ensure election integrity but argued that court cases aren't elections and friends of the court aren't candidates.

McConnell urged various judicial bodies, including the Standing Committee, Judicial Conference, and Supreme Court, to reject what he termed an unconstitutional amendment.

Additionally, McConnell criticized a recent advisory opinion from another committee within the judicial bureaucracy—the Codes of Conduct Committee—that prohibits law clerks from seeking political employment while allowing them employment with law firms or elected officials. He labeled this decision as absurd and contradictory.

"Political activity is at the core of our Freedom of Speech," he said. Prohibiting clerks from discussing employment options with political parties or candidates curbs their constitutional rights unnecessarily.

McConnell also highlighted what he saw as inconsistencies in applying these restrictions: "Why is the ‘link’ any more problematic when a clerk wants to talk to a Republican campaign—which is prohibited—but not when she wants to talk to an elected Republican—which is allowed?"

Furthermore, McConnell pointed out actions taken by other parts of judicial administration that he believes signal virtue on issues important to Democrats but contradict constitutional provisions like First Amendment rights.

In closing, McConnell advised: "The way to avoid getting involved in politics is to avoid getting involved in politics."

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