Attacking Judges is Antithetical to Constitutional Democracy

On December 8, Attorney General Pam Bondi and United States Deputy Attorney General Todd Blanche posted a statement on X attacking “rogue judges” that continues their stream of invective against judges with whom they disagree.[1] Like prior posts and oral statements, yesterday’s posting threatens the independence of the judiciary and undermines the rule of law. The New York City Bar Association has spoken out about the impropriety of such statements and reiterates its deep concerns today.[2]

In vilifying federal judges as “rogue judges who fail to live up to their obligations of impartiality because of their own political views,” and irresponsibly accusing them of “engaging in an unconscionable campaign of bias and hostility” and “undemocratic judicial activism,” Bondi and Blanche are continuing their efforts to use social media as a vehicle to strong-arm state and federal judges whose decisions they don’t like. These vitriolic attacks on our Judiciary serve to mislead and incite the public against judges, who cannot defend themselves. Whatever frustrations the Attorney General and her Department feel about losing cases, these baseless attacks undermine court processes and the fair application of laws. Attacking judges threatens us all, makes us less safe, and corrupts American justice.

Ethics rules governing judges, including the Code of Conduct for United States Judges, often require judges to stay silent – even when they are viciously denounced. Bar associations, attorneys, and the people of the United States who rely on justice must raise and join our voices to defend America’s judges and courts. That the Attorney General and her principal deputy have now taken to leading such attacks is reckless, dangerous and antithetical to the tenets of our constitutional democracy and the independence of the judiciary.

See more Rule of Law-related reports and statements by the New York City Bar Association on its Rule of Law Facts & Resources page. 

About the Association
The mission of the New York City Bar Association, which was founded in 1870 and has over 20,000 members, is to equip and mobilize a diverse legal profession to practice with excellence, promote reform of the law, and uphold the rule of law and access to justice in support of a fair society and the public interest in our community, our nation, and throughout the world. www.nycbar.org.