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The rule of law should matter to all of us

A judiciary that cannot operate without intimidation is not fully independent. A country that cannot accept lawful judicial outcomes will not continue to be governed by law.

U.S. District Chief Judge James Boasberg in his courtroom in Washington. He was blocked by an appeals court last month for pursuing a contempt probe into Trump administration officials who ignored his order in a deportation case.
U.S. District Chief Judge James Boasberg in his courtroom in Washington. He was blocked by an appeals court last month for pursuing a contempt probe into Trump administration officials who ignored his order in a deportation case.Read moreValerie Plesch / Bloomberg

This month, the nation marked Law Day, established by President Dwight D. Eisenhower as a time to reflect on “equality and justice under law.”

That concept is based on the American principle that every person, regardless of position, wealth, race, gender, or religion, is treated equally and fairly in our legal system. It means everyone is entitled to the same legal protections, and at the same time, that no one is above the law or entitled to preferential treatment.

We are governed by laws, not individuals. This is the foundational rule of law that has enabled our nation to endure, protecting individual rights, guaranteeing fairness, and preserving our constitutional system of checks and balances.

As former prosecutors, one going on to serve as governor and the other to be a federal judge, we learned that “the rule of law” is not an abstract expression, but a concrete, daily reality. It provides the certainty for those coming before a court that the same rules will apply to everyone, whether powerful or not.

Our courts must rely on trust. They do not hold the power of the purse or the authority to write laws that legislative bodies do. They do not command armies or execute the laws as a president or governor does.

Judicial independence

Yet, just as critically, judges interpret the laws and apply them to the facts before them, making often difficult decisions affecting the individuals, families, and businesses that come before them. Some rulings impact only the parties in the case; others are more far-reaching, sometimes preventing the government from violating a citizen’s rights.

That is why judicial independence is so fundamental and vital. It protects everyone who enters the courtroom seeking a fair hearing and countless others who may be touched by the court’s ruling.

That independence is increasingly under strain. In recent years, judges have faced intensifying political pressure. Some public officials and candidates seek to discredit judges personally when rulings don’t go the way they wish. Some call for the impeachment of judges, not because of illegality or serious misconduct, but simply because they disagree with a judicial decision. Some argue that court rulings can be disregarded.

Unacceptable threats

Still worse, there are threats to the judiciary that are not merely rhetorical. The U.S. Marshals Service reports that threats against federal judges doubled between 2021 and 2025. These threats, often targeting judges handling high-profile or politically charged cases, intensify concerns about the safety of judges and their staff, and represent yet another threat to judicial independence.

When judges must worry about personal safety for themselves and their families just for doing their jobs, the damage extends far beyond the courtroom. It sends a message to current and future judges and public servants: neutral, objective decision-making carries a personal cost.

The stakes could not be higher. A judiciary that cannot operate without intimidation is not fully independent. A country that cannot accept lawful judicial outcomes will not continue to be governed by law.

Criticizing a ruling is fair. Attacking the legitimacy of the courts as an institution, or using threats as a political tactic, is not.

What can be done?

Public officials, commentators, and others who have the ear of the public need to lower the temperature. As ordinary citizens, we should demand it. We should insist that public debate about court decisions be grounded in facts and law, not personal attacks. Criticizing a ruling is fair. Attacking the legitimacy of the courts as an institution, or using threats as a political tactic, is not.

Voters should expect candidates and elected officials to respect court orders, refrain from personal attacks on judges, and condemn threats to judges forcefully and unequivocally. We should also resist the temptation to excuse threats or misconduct when it comes from “our side.” The power of the rule of law is that it is applied consistently.

We also must support the return of civic education to strengthen understanding, by both children and adults, of how our government works, and the judiciary’s vital role in our constitutional system.

As we approach the 250th anniversary of the Declaration of Independence this summer, it is more important than ever that we all do our part to defend an independent judiciary and its fair administration of justice.

Tom Corbett served as the 46th governor of Pennsylvania and previously served as Pennsylvania attorney general and U.S. attorney. Bob Cindrich was a United States District Court judge for the Western District of Pennsylvania and a U.S. attorney.

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