Crusades against independent courts are sprouting like mushrooms. It's time for judges and everyone else who cares about judicial independence to stop hoping that dignified silence will win the day. Enemies of impartial justice are energized and organized. But judges have the tools they need to fight back and win—if they're willing to roll up their robes and explain in plain language why interest groups must not take America's system of fair and impartial courts hostage.I am a fan of the American legal system. I have my critiques, but they can be worked out within this system. If judges have to turn alleged murderers loose because the police or prosectuion can't get their act together, I blame the prosecution and the police for not doing their damn jobs. If judges declare legislation unconstitutional, I blame the legislators for not doing their damn jobs. If judges declare executive decision unconsitutional, I blame the executive for not doing their damn jobs.
The judicial system is supposed to be a wall, not a popularity contest. They have to make unpopular decisions to make sure the police, the legislatures and the executives stay within the bounds of the law. This is why the Judicial branch was created - to strike down actions of the other parts of government when those actions overreach. We're going to have to deal with decisions that they make which are not popular and don't appear to make sense, but the advantage of having them around is far greater than the disadvantage we will be at when we tie their hands.