Politics has no business in America’s court system.
That statement may seem obvious, but considering that judges across our nation have increasingly become the focus of attacks for unpopular rulings, we feel the need to underscore its importance.
These attacks — often bolstered by partisan ideologues or well-funded special interest groups — threaten the legitimacy of the judicial branch and erode public confidence in each judge’s ability to render impartial outcomes.
Assailing judges based on politics is hardly a new phenomenon in the United States.
A national campaign attempted to impeach U.S. Supreme Court Justice Earl Warren in the late 1950s after the court voted unanimously to desegregate schools. Rose Bird, California’s first female chief justice on the state’s Supreme Court, was removed from the bench in a 1986 retention election following a movement funded by special interests targeting her views on the death penalty. In 2010, three justices on the Iowa Supreme Court lost retention elections after they voted to legalize same-sex marriage in the state.
But recent efforts to politicize or remove judges — either through elections or legislation — because their decisions fail to align with the political agendas of others, have become more polarizing.
Outside special interest groups paid for 73% of the negative ads during the 2015–2016 election cycle, according to the Brennan Center for Justice. In addition, more than half of the negative spots attacked judges for specific rulings on the bench, “often in ways that could potentially mislead voters.”
These partisan-driven crusades are designed to intimidate judges for their role as neutral arbiters of the law and to make them think twice before issuing a ruling on a controversial issue or subject matter. The message to judges is clear: Be careful on how you rule.
Just like everyone else, judges have political beliefs and opinions. But the public must understand that the judiciary is not a political branch of government. An independent judiciary is essential to the rule of law and central to maintaining the separation of powers and the system of checks and balances guaranteed by our U.S. Constitution. As interpreters of law and the Constitution, judges must exercise their independence to have the authority to make fair and competent decisions and to serve the public without political pressure, interference or threats.
With the upcoming judicial elections in Illinois that include the Illinois Supreme Court, appellate courts, subcircuit districts and county retention seats across the state, the public should evaluate judges based on their integrity, professionalism, temperament, experience and commitment to public service, fairness and impartiality — not how they rule on highly publicized cases.
In referring to the hundreds of federal judges who serve, Chief Justice John Roberts commented: “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”
Indeed, judicial independence is essential for preserving the very core of our democracy.
Diane Shelley is president of the Illinois Judges Association.