U.S. District Judge Beth Bloom of the Southern District of Florida recently warned that judges and members of the legal profession must do a better job educating the public about the judiciary’s essential role in American democracy.
Her comments followed the release of two reports raising separate but closely related concerns: increasing threats against judges and a growing willingness to defy court orders.
Both should trouble every American.
Our constitutional system depends upon three independent branches of government. Courts do not command armies, control police departments or hold the nation’s purse strings. Their authority ultimately rests upon something far less tangible but every bit as important: public confidence in the integrity of the judicial process and respect for the rule of law.
When court orders are casually ignored because they are politically inconvenient, the damage extends well beyond any particular case or administration. A judicial order cannot be treated as binding only when we agree with the judge who issued it. There are appeals, motions and established procedures for challenging decisions believed to be legally or constitutionally wrong. Defiance is not one of them.
At the same time, defending judicial independence must never be confused with shielding judges from legitimate criticism or accountability.
Judges exercise enormous power over people’s property, freedom, families and futures. They must explain their rulings, follow the law, respect constitutional protections and remain accountable when judicial authority is misused. Lifetime tenure was designed to protect federal judges from political pressure—not to place them beyond scrutiny.
That distinction matters.
Threatening a judge is never acceptable. Criticizing a judge, questioning a ruling or demanding transparency is not a threat to democracy. It is part of democracy. Public confidence cannot be commanded from the bench; it must be earned through fairness, consistency, restraint and openness.
Judge Bloom is right that the legal community must educate the public. But that education cannot consist solely of lectures about why courts deserve respect. It must also include an honest discussion about the responsibilities that accompany judicial power—and the safeguards available when that power is exercised improperly.
Americans should understand that an independent judiciary protects everyone, particularly when government becomes overreaching or politically motivated. Courts have often served as the last line of defense for unpopular individuals, minority viewpoints and citizens without political influence.
But the judiciary must also understand something about the American people: trust is not strengthened by secrecy, arrogance or the suggestion that judges are above criticism. It is strengthened when courts demonstrate that the same rules apply to everyone—including those who wear the robe.
We should vigorously defend judges against intimidation and violence. We should insist that lawful court orders be obeyed unless overturned through the appellate process. And we should be equally forceful in demanding transparency, due process and accountability from the judiciary itself.
Those principles are not contradictory. Together, they are the foundation of the rule of law.
A free nation needs independent judges. It also needs judges worthy of that independence.