Safeguarding Judicial Integrity by Making the Executive Branch’s Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise its Inherent Authority to Make Public the President’s Tax and Investment Records
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When the executive branch submits an amicus brief to the federal appellate courts, and most importantly, to the Supreme Court, it has the strength of being considered under a standard of “the best interest of the United States.” This enables a considerable advantage, but without the safeguards commensurate for ensuring that the standard is maintained. Other amicus actors must file a corporate interest statement of other type of disclosure that the Solicitor General is exempt from doing. The history of the Solicitor General should also provide skepticism that the federal courts are immune from being used for nefarious reasons. This article argues that a required public disclosure of presidential financial assets is needed to ensure that judicial integrity and fairness in the appellate process are safeguarded. The Court is able to quickly, through its rule-making authority, mandate such a safeguard.