Abuse of judicial independence by federal judges is a far greater threat to democracy and the rule of law than threats to the judiciary

 May 15, 2025 - By Fred Bates

Justice Sotomayor's call for "fearlessly independent" courts reeks of politics!

It seems that a day never goes by without some federal judge making a statement regarding the importance of an independent judiciary and speaking out against threats to the judiciary. About a week ago, Justice Sonia Sotomayor spoke at an event hosted by the American Bar Association urging lawyers to stand up in the midst of threats. In March of this year (2025) she called for "fearlessly independent" courts at a Georgetown law event. In my recent posts, I acknowledged the need for an independent judiciary, and I denounced violence and threats against our federal judges. However, I opined that the greatest threat to democracy and the rule of law is not violence and threats against federal judges. I stated that the greatest threat to democracy and the rule of law is the lack of any guardrails or oversight of the judiciary from within the judicial branch itself or Congress.

All of this talk from federal judges about the importance of an independent judiciary and speaking out against threats to federal judges is obviously meant to be critical of President Trump. But a more subtle reason exists as well. Talk about an independent judiciary is a way for these federal judges to say that they want no oversight of the federal judiciary. They want to run the judicial system as they see fit, often times with a lack of regard for justice, honesty, the Constitution, and the rule of law. They want total control or absolute power. This is what happens in totalitarian states, not a Constitutional Republic. When Chief Justice Roberts and other federal judges like Justices Sotomayor and Jackson talk about an independent judiciary they are speaking about the absolute power of federal judges to make decisions without oversight or criticisms from the legislative and executive branches of government. The want blind obedience of their orders without any questions regarding their legality. But oversight is an important component of the separation of powers doctrine. Judicial independence does not mean federal judges operate without any guardrails. Just as the executive and legislative branches of government are constrained by oversight, the Constitution and the rule of law, so is the federal judiciary. The recent spate of federal judges extolling the virtues of an independent judiciary is all about politics. The truth is, however, that the abuse of judicial independence by federal judges poses the greatest threat to democracy and the rule of law and not threats against judges or criticisms of their rulings. 

 

Justice Ketanji Brown Jackson and other federal judges come out in support of Chief Justice Roberts misleading claims about threats to democracy and the rule of law

 May 7, 2025 - By Fred Bates

The federal judiciary itself is the greatest threat to democracy and the rule of law 

In my post on January 7, 2025, I explained that Chief Justice Roberts had made misleading claims in his 2024 Year End Report on the judiciary. I stated that he had exaggerated the threats that violence and intimidation against federal judges posed to democracy and the rule of law. In my post on February 14, 2025, I stated that we did not need any more lectures from Chief Justice Roberts regarding an independent judiciary. 

Recently, other federal judges have come out in support of Chief Justice Roberts claims about threats and intimidation against federal judges that threatens judicial independence and the rule of law. U. S. Circuit Court of Appeals judge Julia Childs came out in support of Chief Justice Roberts 2024 Year End Report as president of the Federal Judges Association. In an interview, Judge Childs stated that judges are fair and neutral arbitrators of the law. She said that it is the job of judges to adjudicate the facts of the law with respect to any case. If you have read some of the posts from this blog, then you should have an idea that Judge Childs's claim that judges are fair and neutral arbitrators of the law is disinformation. Judge Childs correctly states that it is the job of judges to adjudicate the facts of the law with respect to any case. However, this blog is replete with evidence that judges failed to adjudicate the facts of the law with respect to a lawsuit I filed against the City of San Jose for racial and disability discrimination. I am black/African American. 

At the beginning of this month (May 2025) at a judicial conference in Puerto Rico, Justice Ketanji Brown Jackson denounced what she called "relentless attacks" on the federal judiciary. She stated that efforts to intimidate judges were threatening the Constitution and the rule of law. Justice Jackson comments were directed at President Trump who has been a vocal critic of federal judges. It is clear her comments at the conference in Puerto Rico were politically motivated. Justice Jackson apparent concern for the Constitution and the rule of law is insincere. In March of this year (2025) I submitted a report to her and each of the Justices of the Supreme Court detailing a criminal scheme involving the City of San Jose, the US. District Court in San Jose, and the Ninth Circuit Court of Appeals to obstruct justice during the litigation of the discrimination lawsuit I filed against the City of San Jose just mentioned in the paragraph above. I have not received a response from Justice Jackson or any of the other Justices of the Supreme Court regarding my report. 

I believe most Americans like me are repulsed by threats of violence and intimidation against judges, whether at the federal, state or local level. However, violence and intimidation against judges is not the greatest threat to democracy and the rule of law. The greatest existential threat to democracy and the rule of law is public corruption. The worst form of public corruption is corrupt federal judges who refuse to follow the law and lack impartiality. If you want to see an example of this judicial corruption, see the report in my post on March 14, 2025, or you can view it on this website: cheatingscandalinsiliconvalley.com.