WASHINGTON — Liberal Supreme Court Justice Sonia Sotomayor on Friday stressed the importance of an independent judiciary and fealty to the rule of law amid harsh rhetoric from the Trump administration against judges who have impeded its policies.
Sotomayor, speaking to students at Georgetown Law Center in Washington, said it was vital that everyone “ensure that the courts are fearlessly independent, that we understand that our obligation is to protect the rights given to us under the Constitution.”
“More than ever, we have to get up and explain and repeat and explain again why judicial independence is critical to everyone’s freedom, because arbitrary power is just that, and it means that anyone is going to be subject to unfairness at someone else’s whim,” she added.
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Sotomayor did not directly address the aggressive executive actions taken by the Trump administration and angry criticism of judges, including calls for impeachment.
She said the rule of law is not just about following written statutes and the Constitution, but rather a broader “commitment by the society, to abide by certain norms that are fundamental to our existence.”
Norms, while not binding, help government officials determine how to act correctly in various situations, she added.
“Once norms are broken, then you’re shaking some of the foundation,” Sotomayor said.
In moving fast to enact its agenda, including tough new immigration policies and plans to drastically downsize the federal government, the Trump administration has repeatedly found its efforts blocked by federal judges.
Trump and his allies have responded negatively to the setbacks, lashing out at judges by name and in some cases saying they should be impeached and removed from office.
That led to Chief Justice John Roberts issuing a rare statement this month saying that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The administration has also been accused of failing to comply with court orders, prompting fears from some that the United States is close to reaching a constitutional crisis.
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