11-03-2025
Arizona Supreme Court justice warns of "grave attack" on U.S. judiciary
America's independent judiciary is under "grave attack" from politicians who wish to delegitimize the court system, Arizona Supreme Court Justice Clint Bolick wrote in a RealClearPolitics column last week.
Why it matters: Bolick is a respected libertarian legal mind who represented the right-leaning Goldwater Institute before being appointed to the bench by former Gov. Doug Ducey, a Republican, in 2016.
The big picture: Bolick noted both political parties try to undermine the legal system when courts make decisions contrary to their policy preferences — he was the target of an unsuccessful ouster campaign last year led by Democrats who were unhappy with his ruling in a controversial abortion case.
Yes, but: Without mentioning President Trump by name, he said the most "dangerous" attack on the judiciary lies with the recent surge of powerful people who believe "the president should get to decide his own constitutional authority — which would mean he has no limits."
What they're saying:"Subordinating the judiciary to the executive branch is a favorite device used by authoritarian regimes on both left and right," Bolick wrote.
Between the lines: Bolick noted that an independent judiciary has historically allowed Republicans to stop Democratic presidents from overreach.
He cited former President Biden's executive order forgiving student loan debt, which was blocked in federal court.
The bottom line:"Going forward, the rules we set today will be the rules that apply tomorrow. A future liberal president, unbound by judicially enforced constitutional limits, might decide to constrain rights that conservatives cherish, such as property, guns and religion," Bolick wrote.
