Wyoming judges: We must protect the independence of our judiciary

As our nation approaches the 250th anniversary of its founding, Americans have an opportunity — and an obligation — to reflect on the institutions that have preserved liberty through war, economic upheaval, political conflict and social change. Among the most important is an independent judiciary. 

The Framers of the Constitution understood that freedom cannot survive if judges are merely extensions of political power. Alexander Hamilton wrote in Federalist No. 78 that the judiciary would serve as a bulwark against the “encroachments and oppressions” of the other branches. The Constitution sought to ensure that judges would answer not to popular passions, political movements, or elected officials, but to the law itself. 

History demonstrates why that independence matters. Throughout our nation’s journey — from the turbulent years after the Civil War to the constitutional challenges of the Great Depression, from the struggle for civil rights to the national crises following September  11 — courts have often been called upon to make difficult decisions that were unpopular in  the moment but essential to preserving constitutional principles. Judicial independence does not guarantee perfect decisions; Judges are human. It does, however, provide the  important framework necessary for fair and impartial judgment. 

Chief Justice John Roberts has repeatedly emphasized this principle. In 2018, he observed, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.” His words captured a fundamental truth: the legitimacy of our courts rests on public confidence that justice is administered without fear, favor, or political allegiance. 

An independent judiciary is not a privilege reserved for judges. It is a protection for every citizen. It safeguards property rights, defends individual liberties, restrains government overreach, and ensures that disputes are resolved according to law rather than political influence. When judicial independence is weakened, every American’s rights become  weakened.

As we prepare to celebrate America’s monumental birthday, we should honor not only the Declaration of Independence and the Constitution, but also the institutions that have sustained them for 2 1/2 centuries. Judicial independence has helped anchor the rule of law through some of the nation’s most challenging chapters. It has steadied our  democracy when passions ran high and political winds shifted.  

The United States did not reach 250 years among the world’s oldest continuing constitutional republics by accident. We endured because generation after generation defended the principle that no person is above the law and that courts must remain free to interpret and apply that law impartially.  

That principle deserves not only our respect but our unwavering commitment. As we look toward America’s next 250 years, we must protect the independence of our judiciary with the same determination that previous generations used to build and preserve it.