Threats to the Independence of the Federal Judiciary
In a democracy, criticism of court decisions is protected by the right to free expression. It can be vital for informing public debate.
However, in recent years, threats of violence, intimidation, and disinformation directed at federal judges, and defiance of court orders have gone far beyond healthy criticism and are fundamentally threatening judicial independence. The volume, intensity, and character of recent attacks on federal judges is profoundly eroding the rule of law in the United States.
Drawing on thirty-four interviews with an equal number of federal judges appointed by presidents of both major political parties and research of publicly available materials, this study assesses the four categories of threats identified in Chief Justice John Roberts’ Year End Report (2024) while situating them in historical perspective. It examines the impact of these threats on the federal bench and proposes recommendations for safeguarding the judicial independence that is a foundation of America’s constitutional order.
This report was jointly issued by the Rule of Law Lab and the Berkeley Judicial Institute at UC Berkeley School of Law.
Release Date: August 31, 2026