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California Judge Bans Man from Suing Supreme Court Justices, Labels Him ‘Vexatious Litigant’

September 19, 2024
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A California federal judge has issued a rare ruling barring Joseph Scott Alter, a California resident, from filing further lawsuits against U.S. Supreme Court justices without prior authorization from the court.

Judge Fernando L. Aenlle-Rocha of the U.S. District Court for the Central District of California declared Alter a “vexatious litigant,” accusing him of repeatedly filing frivolous lawsuits against conservative justices of the Supreme Court, including Neil Gorsuch, Samuel Alito, and Amy Coney Barrett—just one of a growing population who says they’re dissatisfied with the High Court.

The ruling follows Alter’s fourth lawsuit in which he sought declaratory and injunctive relief against several sitting justices. His latest complaint stems from grievances over recent Supreme Court rulings, which he claims infringe upon his civil rights.

Supreme Court
The US Supreme Court is seen in Washington, DC, on May 4, 2020.
The US Supreme Court is seen in Washington, DC, on May 4, 2020.
SAUL LOEB / Getty Images

In particular, Alter objected to the Court’s ruling in 303 Creative LLC v. Elenis (2023), alleging that it violated constitutional principles. In his complaint, he requested a billion-dollar settlement, declaratory judgments, and injunctions to prevent further decisions by the justices.

The judge noted that Alter’s dissatisfaction with previous court rulings, particularly those dismissing his claims for lack of subject matter jurisdiction, did not justify repeated, baseless lawsuits.

“Plaintiff’s dissatisfaction and disagreement with prior courts’ rulings that they lack subject matter jurisdiction over his claims against Supreme Court Justices…does not constitute valid grounds to bring frivolous actions in federal court repeatedly,” Aenlle-Rocha said in his ruling.

The judge further declared Alter a vexatious litigant, citing his persistent misuse of the court’s process.

“As Plaintiff fails to establish, he had non-frivolous grounds to bring this action… and has established instead that he is likely to continue such abuse unless protective measures are taken, the court DECLARES Plaintiff to be a vexatious litigant,” the judge concluded.

Judge Aenlle-Rocha emphasized in his ruling that Alter’s lawsuits place an unnecessary burden on the courts and delay other cases that warrant attention. The court’s order now requires Alter to obtain prior written authorization from a district or magistrate judge before filing any future complaints against the justices.

Alter has until April 2024 to file a written response showing why he should not be officially added to the California courts’ vexatious litigant list, which would impose further limitations on his ability to file lawsuits.

If Alter fails to respond or the court rejects his arguments, he may face additional restrictions, including prefiling orders that require judicial approval before any lawsuit he files can proceed.

While Alter’s lawsuits have garnered attention for their eccentricity, they also reflect a broader sentiment of dissatisfaction with the Supreme Court. The Court is facing increased public and legal scrutiny, with a Gallup poll from July 2024 showing public confidence at historic lows—only 40 percent of Americans expressed trust in the institution, while disapproval surged to a record-high 58 percent.

The survey also found that Republicans overwhelmingly approve of the Supreme Court, which has a 6-3 conservative majority. Sixty-six percent of Republicans said they approved of the court, compared to only 15 percent of Democrats. Meanwhile, 44 percent of independents expressed approval of the court.

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