One of our highest priorities in this darkness must be to protect the people who are doing the most right now to push back against Trump’s tyranny: our judiciary.
In some 180 judicial rulings so far, federal judges have at least temporarily stopped Trump from (1) deporting and/or imprisoning people without due process, (2) firing federal workers and closing agencies and departments without congressional approval, (3) forcing law firms to not represent people or causes Trump dislikes, (4) forcing universities, their faculties, and their students not to say or write things Trump dislikes, and (5) imposing worldwide tariffs without congressional authority.
Most of these court rulings have been temporary until the merits of the cases are fully heard, but increasingly they’re final decisions.
The Trump regime is appealing many of them. A few will almost certainly end up in the Supreme Court.
Our laws and the Constitution allow a president to contest such rulings in these ways.
But Trump and his lackeys are also using a second tactic: trying to undermine public confidence in the judiciary — even inviting threats to the safety of judges and seeking to intimidate them.
Last week, Trump on social media rebuked what he called “USA HATING JUDGES WHO SUFFER FROM AN IDEOLOGY THAT IS SICK.”
On Thursday, Stephen Miller, Trump’s deputy chief of staff, wrote on social media that the decision by a three-judge panel of the U.S. trade court striking down Trump’s tariffs as exceeding his authority was a “judicial coup.”
Miller added: “We are living under a judicial tyranny.”
Miller then reposted photos of the three trade court judges. (Two of the judges, incidentally, were Republican appointees, one named to the bench by Trump.)
Karoline Leavitt, the White House press secretary, told reporters that the judges had “brazenly abused their judicial power,” seeking to “usurp the authority of President Trump to stop him from carrying out the mandate that the American people gave him.”
This is dangerous nonsense. As J. Michael Luttig, a conservative retired federal appeals court judge, says:
“This was a planned war that [Trump] had been planning since he lost the last election. From Day 1, the president, the vice president and then eventually his entire Cabinet have been attacking the courts and the judiciary because they knew to a certainty that the courts would strike down his initiatives.”
It should be no surprise that personal threats against the safety of federal judges have risen dramatically since Trump took office.
Data compiled by the U.S. Marshals Service shows that in the five-month period leading up to March 1 of this year, 80 individual judges had received threats.
Then, over the next six weeks, an additional 162 judges received threats.
That spike coincides with increasingly harsh rhetoric — often from Trump himself — against judges who have ruled against the regime.
What should be done to protect our judges?
1. The simplest solution would be for Trump and his White House lackeys to avoid such vitriol in the first place. The problem is, they won’t. So:
2. Chief Justice John Roberts must strongly rebuke Trump, Miller, Leavitt, and any other members of the Trump regime who use inflammatory language against federal judges. Roberts should say that there is no place in our constitutional system of government for accusations by an administration of “USA hating judges,” “judicial tyranny,” or “usurping” presidential authority.
He should explain why administrations must respect checks and balances built into the Constitution, why judges must be fearless and independent in their roles, and why such accusations by an administration against the judicial branch are dangerous. He should also signal that he will continuously speak out whenever the president or his White House violates these norms.
3. The Judicial Conference of the United States — the national policymaking body for the federal courts — must also speak out strongly against such provocations.
4. Congress must increase the number of marshals assigned to protect judges, boost funding for courthouse security, and strengthen legislation to shield judges’ home addresses from public view. Roberts and the Judicial Conference should demand these, and the speaker of the House and majority leader of the Senate must agree to seek them.
5. What can you do?
— Call the Supreme Court and leave a message for Chief Justice John Roberts that he must speak up against Trump’s attacks on judges. Here’s how you can reach the Supreme Court: Call the general information phone 202-479-3000, or public information office 202-479-3211 (press 1 when calling this number), or write: Chambers of Justice John Roberts, Chief Justice of the Supreme Court, 1 First Street NE, Washington, D.C., 20543.
— Call the Federal Judicial Center and leave a message saying that the chief justice must speak out against the Trump regime’s efforts to intimidate the courts with threats and that judges need more protection. The phone number is 202-502-4000. Address is Federal Judicial Center, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Washington, D.C., 20002-8003.
— Tell your members of Congress they must protect our judges by increasing the number of marshals assigned to protect them, boosting funding for courthouse security, and shielding judges’ home addresses from public view. Congressional switchboard: 202-224-3121.
— Whenever you hear anyone criticize the federal courts, explain their critical role in our system of government.
— You can also express your gratitude for our judges. More than 30 retired judges have formed a group known as “Keep Our Republic’s Article III Coalition” to defend the independence of the court system and advocate for sitting judges. You can donate to them here.
Never underestimate the power of the people, especially at a time like this. We must make our voices heard.
Robert Reich is a professor of public policy at Berkeley and former secretary of labor. His writings can be found at https://robertreich.substack.com/.