President Donald Trump recently called for personal loyalty from U.S. Supreme Court Justices he appointed, criticizing them for rulings he disagreed with and asserting that they should “be loyal to the person that appointed them.” These comments were made only weeks before our nation celebrates the 250th anniversary of the Declaration of Independence. Among the core criticisms of King George was that “[h]e has obstructed the Administration of Justice,” and “[h]e has made Judges dependent on his Will alone.”
North Carolina Lawyers for the Rule of Law comprises lawyers from across the political spectrum. We are compelled to speak plainly to our fellow citizens about why any demand of “loyalty” from a judge is wrong and incompatible with the Rule of Law.
Judges are not this or any president’s employees. They are not servants of any political party. They are a separate and co-equal branch of government, established by our Constitution precisely to stand independent of political pressure. From our state’s smallest federal courthouse on East Main Street in Elizabeth City, to our nation’s storied U.S. Supreme Court in Washington, D.C., a judge’s only loyalty is to the law and to the Constitution — not to the president who appointed them, not to the party that supported them, and not to any political outcome.
As U.S. Supreme Court Justice Neil Gorsuch, one of the justices criticized, recently explained: “Why do we have an independent judiciary? The framers did not want [judges beholden to political forces]. … They said you have to have independent judges so that when you come to court, no matter how unpopular you are, you’re going to get fair, neutral application of the law.”
Yes, judges are human beings. They arrive on the bench with life experiences and, inevitably, points of view. Our legal system has always acknowledged this, which is why we have written laws, binding precedent, and reasoned opinions that must be explained and defended in public. The rule of law is the discipline that keeps those personal views in check.
When a president demands that judges rule in his favor as a matter of personal loyalty, he is not asking for justice. Rather, he is asking that the judges do whatever he wants. That is not a judiciary. That is a rubber stamp. And a rubber stamp offers no protection to any of us — conservative or liberal or libertarian, Republican or Democrat or Independent — when our own rights and liberties are at stake.
Justice Gorsuch said it well: “My loyalty is to the Constitution, the laws of the United States. That’s the oath I took. It’s really just that simple.”
We agree. And we call on all North Carolinians, regardless of party, to stand with us in defense of an independent judiciary — because without it, none of our other rights are safe.
Julian Mann III, Chief Judge, NC Office of Administrative Hearings (ret.), Raleigh; Henry Van Hoy, past president, NC Bar Association, Mocksville; John R. Wester, past president, NC Bar Association, Charlotte; David R. Teddy, past president, NC Advocates for Justice, Shelby; and James E. Williams, Jr., former Chief Public Defender for Orange and Chatham Counties.
All have signed an open letter on behalf of North Carolina Lawyers for the Rule of Law, a nonpartisan group of lawyers committed to ensuring equal protection, guaranteeing due process, supporting judicial independence, defending the right to representation, and condemning all threats to justice.
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