Concern From Many Judges as Rhetoric Escalates and Threats Keep Increasing

Threats against the judiciary have been increasing over the last several years. Just a year ago, we wrote about how threats against judges had doubled since 2021. As a result, judges were seeking increased security measures from the U.S. Marshals Service.

Unfortunately, threats have only increased since.

Congress cut the U.S. Marshals Service's budget in 2024. Meanwhile, the job duties for U.S. Marshall officers have expanded, with the Service being granted the power to make immigration arrests. Historically, marshals have only been called in when the immigrant is also a fugitive.

This has made judges worried, with several sounding the alarm in a variety of forums. For example:

• In his 2024 year-end report, U.S. Supreme Court Chief Justice John Roberts called for increased respect for judicial opinions, writing that judicial independence is being threatened through violence and harassment.
• Reuters has reported that in recent weeks, the U.S. Marshals Service has reached out and provided additional security to judges under credible threats of violence.
• The Federal Judges Association (FJA) issued a statement calling for reduced attacks on the judiciary, noting that "judges must be permitted to do their jobs without fear of violence or intimidation of any kind."

The American Bar Association also recently issued a statement saying that it "rejects efforts to undermine the courts and the legal profession."

Heightened Rhetoric

Judges have always had to face threats for doing their jobs. There is often a lot on the line in the cases they decide, and judges have been threatened (and tragically, killed) after deciding custody cases, as one example.

The current heightened rhetoric is unusual, however, and has a political component. Calls for impeachment have increased on both sides of the political spectrum.

Most recently, the talk has been about judges overseeing cases about Trump administration policies and executive orders, but this is not the first time judges have faced calls for impeachment in recent years.

Not Everyone Is On Board

That's not to say everyone is seeing the problem the same way. Judge James Ho, who sits on the Fifth Circuit Court of Appeals, ended his membership in the FJA, arguing that the FJA's statement was politically motivated.

White House spokesperson Harrison Fields told Reuters, "threats against judges are unacceptable, and the president condemns such actions."

He added: "Just because these people are leftist, crazy, unconstitutional people doesn't mean they deserve to be harmed. That's not how you engage with disputes in this country."

Related Resources

• ABA Passes Resolution Calling for Binding Ethics Code for SCOTUS (FindLaw's Practice of Law)
• What Does It Take To Impeach a Federal Judge? (FindLaw's Courtside)
• Judges Seek Home Security Services Amid Increasing Threats (FindLaw's Practice of Law)