We cannot sit back as attacks are launched against judicial independence
Threats against judges and their families have become blatant attempts to intimidate those serving in the judiciary, shaking their morale and damaging the public’s confidence in its courts.
Nearly 240 years ago, our commonwealth became the stage for one of the most significant moments in our nation’s history. Below the Liberty Bell hanging above Independence Hall, delegates convened in the heart of Philadelphia to approve the United States Constitution, setting in motion the state-by-state ratification process that would unfold over the next three years.
Since that monumental day, our Constitution has solidified the foundation of our democratic republic. Today, we must advocate for and reaffirm its principles.
This Constitution Day, we pledge to strengthen America’s democracy by mobilizing a better-informed citizenry. We are speaking out to uphold the Constitution and all that it stands for. Together, we should honor its fundamental concepts, which have stood firm as the foundation of our country. When asked what kind of government the United States would have, a monarchy or a republic, Benjamin Franklin, exiting Independence Hall at 81 years of age, responded, “A republic, if you can keep it.”
Long ago, our country’s founders put aside their differences to sign the Constitution. As retired federal judges, we understand this long-held belief that differences of opinion should never stand in the way of defending our democracy. Though we were appointed by presidents from both sides of the aisle, our commitment to our judicial oath to uphold the Constitution is resolute.
Sitting judges, by their code of ethics, are largely silenced from defending themselves. As retirees, however, we are no longer so constrained. We cannot — and will not — sit back as attacks are continually launched against our Constitution and courts.
Harmful rhetoric can often influence the public’s perception of the judiciary’s position as an independent check on the other coequal branches of government. Threats against judges and their families have become blatant attempts to intimidate those serving in the judiciary, shaking their morale and damaging the public’s confidence in its courts.
The influx of hate directed toward our judicial system should not be tolerated in our democracy. Whether verbal attacks such as the ones we have seen from the executive branch, or worse, more targeted attacks, such as the threatening letters federal Judges Mark Hornak, Maureen Kelly, and Cynthia Eddy received at their homes in Pittsburgh, the safety of judges and their families has been put at risk. It is time to suspend what has become needlessly toxic rhetoric before it is too late.
We Pennsylvanians have always taught our children and grandchildren to look to our history to learn of how our founders invented a new form of governance by establishing three separate and coequal branches. We learned how Americans overcame a repressive monarchy and fought a long war to earn our liberty. But if we remain silent as our judicial system is ambushed, we may see this liberty taken away, and lose the democratic privileges we have today.
As members of Keep Our Republic’s Article III Coalition, we accept responsibility for maintaining these principles. Together, we will adhere to our commitment to defend the fundamental truths that have made the United States an enduring republic for more than two centuries. We call upon every American to join us in upholding judicial independence, both for ourselves and for future generations, just as our founders envisioned and the Constitution guarantees.
Retired Judge Robert Cindrich, formerly of the Western District of Pennsylvania, was appointed by President Bill Clinton. Retired Judge John Jones III was appointed by President George W. Bush to the U.S. District Court for the Middle District of Pennsylvania and is president of Dickinson College.