Lobbying Supreme Court justices by phone (or any other means) is not legal in the context of attempting to influence their decisions on pending cases. Here's a clear breakdown:
1. What "Lobbying" Means Here
- Lobbying typically involves trying to influence a public official's decision, often on legislation or policy.
- For Supreme Court justices, this would mean attempting to sway their vote or opinion in a case before the Court (ex parte communication).
2. Federal Law Prohibits Ex Parte Contact
- 28 U.S.C. § 455 and Canon 3A(4) of the Code of Conduct for United States Judges strictly prohibit justices from engaging in ex parte communications—i.e., discussions about a case with one party (or their representative) without the other side present.
- This applies to all federal judges, including Supreme Court justices.
3. Specific Criminal Statutes
- 18 U.S.C. § 201 makes it a federal crime to bribe or corruptly influence a public official, including federal judges. This includes offering anything of value (money, favors, etc.) to influence a judicial decision.
- 18 U.S.C. § 1503 and § 1505 criminalize obstructing justice or influencing a judicial proceeding, which can include improper attempts to contact or pressure a justice.
4. Supreme Court’s Own Rules
- The Court’s Rules of Practice and internal ethics guidelines reinforce that justices must avoid even the appearance of impropriety.
- While the Supreme Court is not bound by the lower courts' Code of Conduct, justices have historically adhered to similar standards. In 2023, the Court adopted a formal Code of Conduct explicitly prohibiting improper ex parte contact.
5. What About "Non-Case" Contact?
- General discussions (e.g., inviting a justice to speak at an event) are allowed if unrelated to pending cases.
- But even these are heavily scrutinized, and any attempt to discuss case substance crosses the line.
6. Real-World Enforcement
- There’s no public record of anyone being prosecuted solely for calling a justice to lobby, but:
- The FBI and DOJ investigate credible threats of influence.
- Bar associations can discipline attorneys involved.
- The Marshals Service protects justices and screens communications.
Bottom Line
Calling a Supreme Court justice to lobby them about a case is illegal, unethical, and could result in criminal charges. It violates federal law, judicial ethics, and the integrity of the judicial process.
