Authoritarians Undermine Courts First. America Should Pay Attention.
From public attacks to loyalty tests, the assault on judicial independence follows a familiar playbook.
Judicial independence isn’t just some dusty term for lawyers. It’s the quiet guardrail that keeps a democracy from careening into rule by force or whim. It’s what guarantees a judge can follow the law without looking over their shoulder, worrying about political retaliation or an angry mob. It’s what makes our courts a neutral playing field, where the Constitution is upheld even when it’s inconvenient for the people in charge.
The framers of the Constitution knew this in their bones. They built in protections like lifetime appointments and guaranteed salaries for a reason: so judges could stand firm against the political winds of the moment. But today, those protections are being tested in ways that should frighten anyone who believes in the rule of law.
Across the country, judges are finding themselves in the political crosshairs. When they make a ruling that goes against a party’s wishes, they’re labeled “activists,” “biased,” or even “enemies.” This isn’t just heated rhetoric; it’s a strategy. Tearing down the judiciary is a classic move from the authoritarian playbook, and the fact that it’s happening here is a warning sign we can’t afford to ignore.
A functioning democracy relies on a delicate balance of power. That balance collapses the moment the courts become just another arm of the executive or legislative branches. An independent judiciary is what protects minority rights, stops abuses of power, and defends the Constitution when politicians would rather ignore it. Without that independence, the rule of law is up for negotiation.
Our own history shows us what independent courts can do. Think of “Brown v. Board of Education”, which dismantled segregation despite incredible political backlash. Or “United States v. Nixon”, which forced a sitting president to obey the law. Rulings like these were only possible because judges were free to rule on principle, not pressure. They were proof that our courts are meant to be a bulwark against tyranny.
But when that independence starts to crumble, the damage spreads far beyond the courthouse. People lose faith in the legal system. They start to wonder if justice is really blind, or if it’s been rigged by political ambition. And once that trust is gone, democracy itself begins to unravel.
Donald Trump’s influence on our courts has thrown gasoline on this fire. In his first term alone, he appointed over 200 federal judges, including three Supreme Court justices—a tidal wave that will shape American law for decades. Guided by groups like the Federalist Society, many of these picks were part of a clear ideological project to expand executive power and gut regulations.
But his impact goes far beyond appointments. He has repeatedly and viciously attacked judges who ruled against him, calling them “biased,” “dangerous,” or enemies of his administration. These aren’t just off-the-cuff insults. They’re part of a deliberate campaign to delegitimize the judiciary whenever it gets in his way. He has even defied court orders on issues like immigration and trade, showing a chilling disregard for the rule of law.
His administration also dismantled the safeguards meant to prevent this. It pushed aside the American Bar Association’s traditional role in vetting judges, writing it off as partisan. Law firms and judges seen as opponents faced public shaming and threats of retaliation. This two-pronged attack—packing the courts with loyalists while discrediting anyone who might dissent—is exactly how would-be autocrats consolidate power.
And if this sounds familiar, it should. From Orbán in Hungary to Erdoğan in Turkey and Putin in Russia, strongmen have always known that to control the state, you must first control the courts. The playbook is the same everywhere: install loyalists, attack independent judges, and twist the law to serve your own political agenda. Trump’s approach follows these tactics with frightening precision.
We’re already seeing the results. Threats against judges have skyrocketed. Some politicians have started echoing Trump’s rhetoric, fighting against efforts to increase judicial security and even blaming judges for the threats they receive. This does more than endanger individual judges; it sends a clear message to anyone who dares hold power accountable: stay in line, or you’re next.
And the stakes couldn’t be higher. When courts are no longer shielded from politics, it touches every part of our lives: our right to vote, our reproductive freedom, environmental protections, immigration policy, and so much more. Trump’s calls to bypass the courts, deport immigrants without hearings, or attack judges based on their ethnicity reveal a deep contempt for due process. These are not just words; they are corrosive actions that destroy public trust and cripple the judiciary’s ability to act as a co-equal branch of government.
This is how democracies backslide. Not in a dramatic coup, but in the slow, methodical weakening of the very institutions designed to protect people from power. When the judiciary bows to political will, it stops being a check and becomes a weapon. And once that happens, it’s incredibly difficult to turn back.
The fight for our courts is happening right now. What was once a quiet constitutional principle has become a frontline in the struggle for American democracy. Defending judicial independence means defending the simple idea that no one—not even a president—is above the law. It means demanding that our judges be free to rule according to the Constitution, not the whims of the powerful. And it means realizing that the health of our nation depends on institutions strong enough to withstand the storm, not bend to it.