I first wrote about attacks on judges in 2011 and 2012. Newt Gingrich, the former Speaker of the U.S. House, even joined in on attacks on Judge Fred Biery in San Antonio. That was in 2011 and 2012. See those posts here. Those attacks have continued. Candidate and later Pres. Trump has now raised attacks on judges to an art form. Doing so is dangerous. There is a thin reed of civility that protects state and federal judges. Chief Justice Roberts has now issued his own warning against threats and intimidation toward the judiciary.

Chief Justice Roberts tells us that threats against judges have risen 100 fold in the last 10 years. Law enforcement officers around the country must now devote significant resources to protecting judges and investigating those threats – resources which would be better used to catch violent criminals. Too, accusing judges of political bias undermines their credibility, notes the Justice.

Politics

True, but during the Trump administration, all Federal judges were picked from the Federalist Society. Politics was injected into their nomination from the get-go. I suppose Justice Roberts prefers to avoid that elephant in the room.

The Chief Justice also notes the increasing public comments by politicians that judicial opinions should be ignored. The Justice’s comments are remarkable since he authored the decision that gave sitting Presidents virtually complete immunity for official acts. Pres. Trump will certainly feel emboldened to disregard which ever laws and edicts he disfavors.

Still, before 2011, threats against judges were relatively rare. The public discourse has changed dramatically. Making very public accusations of political bias used to be rare. See the ABA Bar Journal report for more information regarding Chief Justice Roberts’ warning.