Strengthening Judicial Independence

Past Political Interference and Judicial Pressure

Judicial independence has never existed in a vacuum. Political actors have tried, sometimes successfully, to manipulate or undermine the courts. But history shows that these attempts were met with institutional pushback or public scrutiny that eventually reaffirmed the judiciary’s autonomy.

• 1869 – Ex parte McCardle: Congress revoked Supreme Court jurisdiction mid-case to prevent it from ruling on Reconstruction policies.
• 1937 – FDR’s court-packing plan: A bold attempt to expand the number of justices to push through New Deal legislation. The backlash helped reinforce the idea that courts must remain ideologically neutral.
• 2000 – Bush v. Gore: Widely criticized for perceived partisanship, the ruling strained public trust, though the courts remained institutionally intact.

Present-Day Attacks on Judicial Authority and Safety

The rhetoric and tactics today feel different, not only in volume but in strategy. Judges are not just being challenged in court or in Congress; they’re being personally targeted, threatened, and in some cases, physically endangered. The line between political disagreement and authoritarian delegitimization is growing dangerously thin.

• Trump’s legal counteroffensive
  Filing lawsuits against judges or entire courts, calling them “enemies of democracy,” and implying they are part of a “deep state.”
• Threats to judges’ safety
  Judges across the country have been doxxed, threatened, and “swatted.” A California judge received death threats after ruling against a right-wing group. In one of the most tragic examples of how real these threats have become, U.S. District Judge Esther Salas lost her only child, Daniel Anderl, in 2020 when a disgruntled attorney posed as a delivery driver and opened fire at their New Jersey home. The attack was meant for Judge Salas. In a chilling twist, pizzas have recently been sent to judges’ homes across the country using Daniel’s name as the sender, a grotesque attempt to weaponize his memory. Federal marshals are now stationed at some judges’ homes.
• Right-wing media amplification
  Outlets and influencers call judges “rogue,” “treasonous,” or “corrupt,” fostering mistrust in the entire judicial system. Right-wing media doesn’t just echo Trump’s attacks on the judiciary, it intensifies them. What starts as inflammatory rhetoric on social media or at rallies quickly spreads across sympathetic platforms like Fox News, OANN, Real America’s Voice and Truth Social, framing judges as “deep state operatives” or “enemies of the people.” This feedback loop turns legal accountability into partisan persecution and primes viewers to view judicial rulings as political vendettas rather than constitutional guardrails.

Concrete Actions to Support Judicial Independence

• Show up publicly
  Attend or organize rallies at local courthouses. Legal professionals and community members have hosted “Stand With the Courts” events to affirm the judiciary’s constitutional role.
• Write strategically
  Submit letters to the editor, opinion pieces, or blog posts defending judges under attack. These can shift the public conversation, especially at the local level.
• Use social media
  Share quotes from judicial rulings, promote judicial education resources, and amplify voices defending judicial independence. Hashtags like #StandWithJudges or #RuleOfLawNow can help build momentum.
• Support judicial security
  Create neighborhood watch circles to support judges living in your area. Learn about the Daniel Anderl Judicial Security and Privacy Act, and advocate for greater protection measures in your state.
• Push for civic education
  Host discussions or teach-ins in your community about how the courts function and why judicial independence matters, especially with younger audiences or new voters.