Former US Judges Defend Judicial Independence as Threats Rise

Former federal judges are taking advantage of Constitution Day to speak out against threats against sitting judges.

A letter signed by 42 former judges and published Wednesday on the anniversary of the document’s signing in 1787 says as judges they took oaths to “support and defend the Constitution.”

The signatories were appointed by presidents of both parties, including Ronald Reagan, Bill Clinton, and George W. Bush, and are members of the group Keep Our Republic’s Article III Coalition.

The former judges said while sitting judges are limited in being able to speak publicly, they “are no longer so constrained.” Federal judges have come under attack by Trump and his allies for rulings that block the administration’s policies.

That dynamic has also combined with increased threats against federal judges in recent years. The US Marshals Service, which provides security for the judiciary, has marked an uptick in threats against federal judges this fiscal year.

“Misinformation, disinformation, and fiery rhetoric distort public understanding of the judiciary’s critical role in maintaining our democracy,” the letter reads. “Threats against judges and their families are obvious attempts to intimidate, harass, and pressure judges and sway their opinions, shaking the public’s trust and confidence in the courts.”

The former judges emphasized that the Constitution created three separate and coequal branches of government, and that the nation’s founders recognized that an “independent judiciary, free from political pressure,” is essential.

“We are speaking out to protect the Constitution and all that it stands for,” the former judges said. “Its principles should be celebrated as the foundation of our nation. We call upon every American to join us in upholding judicial independence for our own and future generations as our founders envisioned and the Constitution guarantees.”

John E. Jones III, a former federal trial judge in Pennsylvania who signed the letter, said in an interview that they have “real concerns” for the integrity of the courts, as bad information about how judges operates gets spread.

“I think it’s incumbent upon us to educate the public and to talk about what judicial independence means, what the rule of law means, and frankly, what happens when people lose respect for the judiciary,” said Jones, who’s now the president of Dickinson College.

He said that presents “a real danger when you have public actors, as we’ve had now for quite some time, vilifying and denigrating individual judges by name, and their work as well.”