Attacks Against Judges Are an Attack Against America’s Constitution

As federal judges who were nominated by presidents of both political parties, we are united in our concern for the health of the Constitution on this Constitution Day. We both swore an oath to uphold and defend the very Constitution that is now under threat.

The Constitution outlines a system where power is divided among branches of government to prevent any one branch from amassing too much authority. The judiciary plays a crucial role as the least dangerous branch, relying on the public's confidence in its legitimacy. However, we see that guardrails protecting judicial independence are weakening.

Judges are increasingly portrayed as political combatants rather than public servants applying the law. Their decisions are treated as valid only when they produce the desired political outcome.

Judges now face calls for retaliation and removal due to their rulings, and threats against them and their families are at deeply troubling levels. This should alarm all Americans, regardless of political affiliation. A threat against a judge undermines the constitutional promise of neutral and objective case decisions. Judicial independence does not mean judges cannot be criticized, but threatening or harassing judges is a different matter.

The Constitution provides ways to challenge court decisions through appeal, review, legislative action, or constitutional amendment. Threatening, harassing, or intimidating judges is not part of this system. In the face of these challenges, we believe it is our responsibility to speak out. By defending judicial independence, we honor the system that has endured for nearly 240 years. This Constitution Day, let us examine our own constitutional habits and ensure we uphold the principles that have protected our nation.