The Rise of Populist Attacks on the Judiciary
In recent years, populist leaders around the world have increasingly targeted the judiciary as a key obstacle to their agendas. This trend has been particularly evident in Mexico, where former President Andrés Manuel López Obrador pushed through radical reforms requiring all judges to be elected rather than appointed. These changes, along with promises of further reforms by his successor, have led to a loss of investor confidence, weakening the country’s currency. The Mexican example is just one in a series of assaults on the courts by populist leaders globally, raising concerns that the United States could be next in line for similar attacks.
Judicial Setbacks and Rising Tensions in the U.S.
In the United States, President Donald Trump’s administration has faced a series of setbacks in court, with judges blocking several of his dramatic attempts to reshape the federal government without congressional approval. Trump’s supporters, including his deputy chief of staff, Stephen Miller, have echoed rhetoric seen in other countries before attacks on the judiciary. Miller has accused "radical rogue judges" of overstepping their authority, suggesting that they could even nullify the results of a national election. Such statements have raised alarms among legal observers, who fear that the U.S. may be heading toward a constitutional crisis over the independence of the judiciary.
A Looming Constitutional Crisis
Despite the heated rhetoric, the Trump administration has so far avoided openly defying court orders, and the numerous lawsuits challenging its actions have proceeded through the legal system as usual. However, the rhetoric has not gone unnoticed within the judiciary itself. Two Republican-appointed senior judges recently warned about the growing danger of the judiciary being targeted. Judge Richard Sullivan, appointed by Trump to the federal appeals court in New York, stated, "Threats against judges are threats against constitutional government. Everyone should be taking this seriously."
Global Echoes: Attacks on the Judiciary Beyond the U.S.
The targeting of the judiciary is not unique to the United States. In Hungary, Prime Minister Viktor Orbán has forced out judges by lowering the mandatory retirement age, while in Brazil, former President Jair Bolsonaro’s supporters have clashed with the high court. In El Salvador, President Nayib Bukele’s party removed supreme court justices who opposed him. Bukele has even encouraged Trump to take action against the judiciary, writing on social media, "If you don’t impeach the corrupt judges, you CANNOT fix the country." These actions reflect what political scientist Steven Levitsky calls a "basic authoritarian instinct," where elected leaders seek to undermine the checks and balances that are fundamental to democracy.
The Judiciary as a Foundation of Democracy
The independence of the judiciary is a cornerstone of democracy, ensuring that no branch of government can act without accountability. Anne Marie Slaughter, a former State Department official, compared judges to referees in sports, enforcing the rules to ensure a fair game. She noted that the U.S. has long promoted the rule of law in other countries, helping to establish legal systems in nations ranging from India to South Africa. However, the current anti-judicial rhetoric in the U.S. has led many allies and peers to question whether the country still serves as a beacon of democracy and the rule of law.
Lessons from History: Pushback and the Rule of Law
While the rhetoric against the judiciary has reached a fever pitch in the U.S., it is not unprecedented. Presidents have long clashed with the courts, from Franklin Delano Roosevelt’s attempt to expand the Supreme Court in the 1930s to more recent complaints by Barack Obama and Joe Biden about judicial blocking of their initiatives. However, experts argue that the current situation is more alarming due to the frequency and novelty of Trump’s legal actions, which often rely on untested theories of presidential power. The ongoing attacks on the judiciary have sparked concerns that the U.S. may follow the path of other populist-led countries, where the erosion of judicial independence has weakened democratic institutions. As seen in Poland, where mass protests followed government interference with the judiciary, the instinct to defend judicial independence remains a powerful force in democratic movements. Whether the U.S. will follow this path or reaffirm its commitment to the rule of law remains to be seen.
