Threats to judges mount, challenging independence, norms, and rule of law

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On a dark, early morning in June 2022, Nicholas Roske climbed out of a cab with a pistol and a plan.

He was going to break into a suburban Maryland home and kill U.S. Supreme Court Justice Brett Kavanaugh. But as he approached the house, something spooked him: the justice’s 24-hour security detail. He was quickly arrested and will stand trial this summer.

Calling for the impeachment of judges who rule against the president – as President Donald Trump’s adviser Elon Musk and several Republican lawmakers have recently – may seem a far cry from attempting to assassinate a Supreme Court justice. But judges and legal experts say the behavior is part and parcel of a growing hostility toward the judicial branch.

Why We Wrote This

Chief Justice John Roberts made rising threats against and violence toward judges a focus of his 2024 year-end report. The rule of law now feels vulnerable to intimidation, which could destabilize the U.S. government’s balance of powers.

To be sure, judicial rulings and even individual judges have been subject to criticism throughout U.S. history. In recent years, however, the number of explicit threats of violence toward judicial branch members has doubled.

“My life has been threatened several times resulting in two arrests, one conviction, and the purchase of my new gun,” one judge wrote in a recent survey by the U.S. Marshals Service.

Adding to the recent tensions are suggestions – backed by some evidence – that the Trump administration will not follow court rulings it doesn’t like. Calls for impeachment by Trump supporters like Mr. Musk, the face of his U.S. Department of Government Efficiency, have elevated the conflict. Impeachment articles have now been filed against three federal judges.

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