Judicial Independence Is under Attack

Those dissatisfied with rulings from the courts, especially the Supreme Court, are now targeting the judiciary itself. It’s time to push back.

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An abortion-rights protester holds up a sign with images of U.S. Supreme Court justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Samuel Alito, and Clarence Thomas during a march in in New York City, May 14, 2022.

Eduardo Munoz/Reuters

Legal experts often refer to Congress and the presidency as the “political branches.” This phrase reflects a widely shared understanding that these two branches are expected to be — and indeed designed to be — inherently political. Their members are elected by voters, have fixed terms of office, must stand for reelection if they wish to remain in office, and are constantly attuned to the sways of public opinion.

The third branch of government — the judiciary — is different. At the federal level, its members are appointed for life, hold office “during good behavior,” and are supposed to be insulated from politics so they can decide cases based on the law and Constitution, not public opinion.

MS

About the Author

Matt Sandgren

Matt Sandgren is the executive director of the Orrin G. Hatch Foundation. A 15-year veteran of Capitol Hill, he served as a senior counsel on the Senate Judiciary Committee and as Senator Orrin Hatch’s chief of staff.

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