Republicans have rightfully criticized Democrats in recent years for leaning on the Supreme Court in an effort to intimidate the justices into supporting a progressive agenda. It’s unfortunate that some members of the GOP now exhibit a similar intolerance for judicial independence.
Five years ago, Sen. Chuck Schumer stood in front of the Supreme Court building and threatened two justices if they backed abortion restrictions. “I want to tell you, (Neil) Gorsuch. I want to tell you, (Brett) Kavanaugh,” he said. “You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
During President Joe Biden’s term, Democrats lined up to embrace court packing as a means of rigging judicial outcomes to their liking. The Senate Judiciary Committee launched “ethics” investigations focusing almost entirely on the conservative wing of the court. Some House progressives sought to impeach Justice Clarence Thomas.
Republicans roundly attacked these efforts to manipulate justice and undermine confidence in the court. “Senate Democrats have repeatedly told the American people that the entire federal judiciary exists for no other reason than to fulfill their changing political whims,” Sen. Mitch McConnell, R-Ky., said in 2023. “They’ve threatened justices by name from the steps of the court and threatened the institution itself in unfriendly amicus briefs. In each instance, Democrats have signaled their open disdain for a body that refuses to interpret the Constitution through the lens of their party’s platform.”
Alas, now that Donald Trump occupies the White House, a handful of Republicans have developed brain lock over the value of an independent judiciary. Judges who have ruled against the administration have been the target of increasing vitriol. One Tennessee congressman has filed articles of impeachment against the federal judge who overturned Mr. Trump’s 90-day freeze on foreign aid spending.
This is ridiculous and counterproductive — not to mention a mirror image of the regrettable intimidation tactics that the GOP denounced when used by Democrats. Expressing disagreement with a judge’s reasoning is one thing. Advocating impeachment as a response to that disagreement is quite another. The proper response to an unfavorable judicial ruling is an appeal. Impeachment must be reserved for cases involving serious misconduct or corruption, not trotted out as a cudgel to threaten federal jurists for doing their jobs.
Judicial review is an indispensable part of the checks and balances embedded in the Constitution as a protection against tyranny. Efforts to weaken the concept will lead to an erosion in the liberties guaranteed in the Bill of Rights. It would be encouraging if both Democrats and Republicans kept that in mind.
