Two prominent leaders of the US judiciary engage in a rare public discussion about the growing political pressure on federal judges.
According to Bloomberg Law, US Circuit Judges Jeffrey Sutton and Richard Sullivan are pushing back against Republican lawmakers' attempts to impeach judges who have ruled against President Donald Trump's agenda.
The judges addressed reporters following a closed-door meeting of the US Judicial Conference, which establishes policies for federal judges. Their public statements come amid increasing calls for impeachment from various Republican representatives and criticism from high-profile figures like Elon Musk.
The Constitution provides federal judges with lifetime appointments to shield them from political interference. Judges can only be removed through impeachment for specific offenses such as treason, bribery, or other high crimes and misdemeanors, requiring approval from both houses of Congress.
Representative Andy Ogles has targeted Senior Judge John Bates and Judge Amir H. Ali for their recent rulings on public health data and foreign assistance funds. Similarly, Representatives Elijah Crane and Derrick Van Orden have filed separate resolutions against Judge Paul Engelmayer.
Judge Sutton, who chairs the US Judicial Conference, expressed his concerns about these developments. He stated:
Criticism is part of the job, but I do think when it gets to the level of a threat, it really is about attacking judicial independence, and that's just not good for the system or the country.
The past five years have witnessed over 1,000 serious threats against judges, resulting in 50 arrests and several physical attacks. A recent incident involved a bomb threat targeting Supreme Court Justice Amy Coney Barrett's sister in Charleston, South Carolina.
Chief Justice John Roberts highlighted security as a primary concern in his 2024 year-end report, emphasizing the various intimidation attempts from both domestic and foreign actors. Judge Sullivan expressed worry about adequate funding for US marshals protecting threatened judges.
The case of Judge Esther Salas, whose son was killed by an angry litigant in 2020, led to legislation protecting judges' security and privacy.
Judge Salas shared her perspective:
Whether you are threatening articles of impeachment for just doing our job, threatening to kill us for just doing our jobs, or actually coming to our homes and gunning our children down, as is the case with Daniel, those are all forms of intimidation and harassment and threats that weaken the constitutional fibers that have held this country together.
Federal judges are experiencing mounting pressure as Republican lawmakers push for impeachment while facing increased security threats. The situation reflects a growing conflict between the legislative and judicial branches, with only 15 judges having been impeached throughout US history.
Republican representatives have initiated impeachment proceedings against multiple judges who ruled against Trump administration policies. These actions have sparked debate about the appropriate use of impeachment powers and their impact on judicial independence.
The US judiciary continues defending its constitutional role while addressing unprecedented challenges to its autonomy and security. The ongoing tension between political pressure and judicial independence remains a critical issue for the American legal system.
