Judicial Independence Under Threat

Judicial independence, a cornerstone of constitutional democracy, faces mounting challenges in the United States and globally as courts become increasingly entangled in partisan political disputes.

Recent polling indicates declining public confidence in the Supreme Court's impartiality, with approval ratings reaching historic lows following controversial decisions on abortion, voting rights, and executive power. This perception crisis threatens the judiciary's legitimacy and its ability to function as an independent check on the political branches.

Calls for structural reforms have intensified, including proposals to expand the Supreme Court, implement term limits for justices, strengthen recusal standards, and establish binding ethics rules. Proponents argue these measures would enhance legitimacy and reduce politicization, while critics contend they could undermine judicial independence and stability.

At the state level, judicial independence faces different threats. Thirty-eight states hold some form of judicial elections, exposing judges to political pressure and campaign finance concerns. Studies show correlations between campaign contributions and judicial decision-making in business and criminal cases, raising due process questions highlighted in Caperton v. A.T. Massey Coal Co. (2009).

Internationally, judicial independence has deteriorated in countries including Poland, Hungary, and Turkey, where governments have removed judges, packed courts, and restricted judicial authority. These developments offer cautionary examples of how quickly judicial independence can erode when political actors target courts.

Historically, the U.S. judiciary has weathered political storms, including President Franklin Roosevelt's court-packing plan and congressional jurisdiction-stripping attempts. However, current challenges occur against a backdrop of heightened polarization and declining institutional trust.

Legal scholars emphasize that judicial independence requires both structural protections and cultural norms. As Professor Richard Fallon of Harvard Law School notes, 'Judicial independence ultimately depends on a shared commitment to constitutional values that transcends partisan differences.'

Preserving judicial independence while ensuring accountability and legitimacy remains a central challenge for American constitutional democracy in the twenty-first century.