Roman Martinez is the current Global Chair of Latham & Watkins' Supreme Court & Appellate Practice Group. Martinez, who clerked for Chief Justice John Roberts and Justice Brett Kavanaugh when he was a D.C. Circuit Court Judge, has argued dozens of cases before the Supreme Court.
Yet, despite his ties to the Court's conservative Justices, however, Martinez has a troubling track record that demonstrates not only a lack of support for the Republican Party, but also direct opposition to President Trump and the Trump administration.
In 2025, Martinez was appointed by SCOTUS as the 'amici' (friend of the court) in NRSC v. FEC, a very important case on campaign spending and free speech that has deep implications for Republican campaigns. The Department of Justice (DOJ) declined to defend the constitutionality of 'coordinated party expenditures,' which are expenditures made in coordination with a political candidate. Republicans argue that those limits violate the First Amendment.
By accepting his appointment as amici, Martinez joined sides with Democrats, including lawyer Marc Elias, who is a longtime attorney for the DNC, the Democratic Congressional Campaign Committee (DCCC), and the Democratic Senatorial Campaign Committee (DSCC). Elias is synonymous with the Democratic Party machine in opposing the Trump administration and further the Democratic Party. This includes Elias proposing an abolition of Virginia's entire government in response to the Democrats' recent redistricting defeat.
During oral arguments in NRSC v. FEC, Martinez reportedly sat next to Elias opposite his Republican Party counterparts and the DOJ. Martinez argued that the Supreme Court, including his former bosses, should side with the Democrats and uphold coordinated limits. It appears Martinez used his prior relationships with Chief Justice Roberts and Justice Kavanaugh to file motions that are not typically permitted in such cases, including almost 40 additional pages criticizing Republicans' alleged legal failures in the case that were 'never aired,' including attacks on Vice President J.D. Vance's political aspirations. Martinez also undermined the National Republican Congressional Committee (NRCC) and the National Republican Senatorial Committee (NRSC).
The battle between coordinated spending limits is critical between the Democrats and the Republican Party, with far-reaching implications for House and Senate campaigns ahead of a hotly contested midterm election and politics going forward.
Today, the Supreme Court ruled 6-3 in favor of the NRSC, dealing a major blow to Martinez and his Democrat allies.
BREAKING: The Supreme Court rules that putting limits on political party campaign finance expenditures VIOLATE the First Amendment.
— Townhall.com (@townhallcom) June 30, 2026
BIG WIN for Republicans @NRSC!
The vote is 6-3. pic.twitter.com/b1dg1PSs5A
But this isn't the first time Martinez has opposed the Trump administration and Republican interests, however. For more than a decade, Martinez has supported anti-Trump political organizations and candidates.
This includes supporting former Rep. Liz Cheney, who ended up losing her Congressional seat because of her anti-Trump activism. In 2020, Martinez contributed to Team Cheney and made donations to Liz Cheney for Wyoming, Cheney's anti-Trump PAC, in both February 2021 and March 2022. That same month, Martinez also donated to Great Task PAC, which was an anti-Trump joint-fundraising committee tied to Liz Cheney.
In 2016 and 2024, Martinez also contributed to several of President Trump's political opponents, including Jeb Bush or his PAC three times in 2015, Nikki Haley twice in 2023, and Tim Scott twice that same year as well.
This behavior has discredited Martinez in Republican circles.
"Senators and their staff don't want to support or work with an attorney who has so publicly positioned himself as a Democrat-sympathizer," said one Republican Senate senior advisor. "Even before he argued against President Trump in the Supreme Court — you only have to do a quick FEC search to tell that he's a RINO."
Another source, a lobbyist with ties to Senate Republicans, warned, "If you're a corporation or interest group looking to bring in the big guns, Roman isn't it. He's politically toxic now. I'd stay far away."
At a time when Republicans are fighting to overturn campaign finance laws that have benefited the Democratic Party's fundraising machine, Martinez chose to stand shoulder to shoulder with Democrats, including Marc Elias and the institutional Left, against the Trump administration and Republican committees. For many on the Right, that decision alone speaks volumes.
Martinez may have once enjoyed credibility in conservative legal circles because of his pedigree and clerkships, but politics matters — especially when the stakes involve the future of Republican campaigns, free speech, and control of Congress. In Washington, some alliances cannot simply be explained away as professional obligations, and Republicans are increasingly concluding that Martinez crossed that line.
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
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