Threats to Judicial Independence and the Rule of Law Judicial independence consists of the “intellectual honesty and dedication to [the] enforcement of the rule of law regardless of popular sentiment,” and the ability “to render a decision in the absence of political pressures and personal interests ”
Judicial Independence: Origins and Contemporary Challenges Judicial independence is an ideal that runs deep in the nation’s understanding of itself, so much so that it is hard to think of our constitutional democracy without picturing judges—independent judges—as being just as foundational to it as members of Congress or presidents
Judicial Independence: Talking Points - Federal Judicial Center The framers of the Constitution shared a commitment to judicial independence, and they organized the new government to ensure that federal judges would have a proper measure of independence from the executive and legislative branches
“What Are the Challenges to Judicial Independence?” Geyh identifies two major threats to judicial independence as the possibility a president would: a) refuse to comply with a court order, or b) seek to de-legitimize the courts He notes that President Abraham Lincoln did the former while President Franklin D Roosevelt engaged in the latter
Judicial Independence Under Attack: A Theory of Necessity constitutional crisis caused by a future government shutdown This theory invokes four building blocks of well-established legal doctrines that, when connected, pave a path to secure the judicial branch’s autonomy
When Judges Make Law: The Battle Over Judicial Power in . . . When nine justices decide a case, they can transform American society overnight They can end racial segregation in schools, legalize same-sex marriage, or overturn decades of precedent on abortion rights But should they? This question sits at the heart of one of America’s most enduring debates: judicial activism versus judicial restraint
Roberts Rules for Defending Judicial Independence and the . . . Chief Justice John Roberts described the rule of law as "endangered" and warned against "trashing the justices," but speaking in Washington Monday he didn't point fingers directly at President