Undermining Democracy: The Attack on Judicial Independence
How attacks on judges and calls for unchecked executive power threaten the rule of law.
Welcome, New Readers!
Today, I’m excited to welcome all the new subscribers who’ve joined us recently. We just crossed the 9,000 mark—an incredible milestone since launching this publication on January 15. Thank you for being here. Your support and engagement are essential as we continue the work of building an informed and empowered community ready to defend democracy and go on offense for justice.
The Crisis Facing Our Judiciary
In recent days, we’ve seen an alarming escalation in both rhetoric and action designed to undermine judicial independence and the essential checks and balances in our democracy. Vice President JD Vance and the unelected billionaire Elon Musk are working from the authoritarian playbook, positioning the judiciary as an obstacle to executive power that must be neutralized.
On Monday, Judge John J. McConnell Jr. in Rhode Island federal court ruled that the Trump administration had openly defied his order to release billions of dollars in federal grants, marking the first time a judge has explicitly stated that the Trump White House was in defiance of a judicial mandate. The funds in question—allocated for school lunches, clean energy projects, and low-income housing—were tied up by a White House memo demanding compliance with ideological tests before releasing the money.
This constitutional standoff comes on the back of Vance taking to social media to assert that "judges aren’t allowed to control the executive’s legitimate power." His statement, echoed by Musk’s recent attacks on Judge Paul Engelmayer, fits a broader strategy of portraying judges who oppose executive overreach as corrupt, illegitimate, or politically motivated. This rhetoric is designed to erode public trust in the judiciary and pave the way for unchecked executive power.
A spokesperson for the White House dismissed Judge McConnell’s ruling, echoing Nixon’s most infamous quote—“well, when the president does it, that means that it is not illegal”—telling The New York Times that “each executive order will hold up in court because every action of the Trump-Vance administration is completely lawful,” accusing legal challenges of undermining “the will of the American people.” This defiance sets the stage for a potential constitutional crisis in which the balance of power between the branches of government could be irreparably damaged.
Musk’s Attack on Judge Engelmayer: An Authoritarian Tactic
After Judge Engelmayer issued an order this weekend temporarily restricting Musk and his wildly unqualified-to-work-in-government “DOGE” hacker team from accessing sensitive Treasury Department payment systems, Musk took to Twitter to declare, without evidence, that the judge was “a corrupt judge protecting corruption.” Musk called for Engelmayer's immediate impeachment, a demand aimed at discrediting any legal authority that threatens Musk’s ambitions.
This kind of baseless attack on the judiciary is a hallmark of authoritarian leaders. By framing judges as corrupt enemies of the state, figures like Musk and Vance seek to bypass judicial scrutiny and rally public opinion against the courts. This tactic undermines one of democracy’s core institutions—the independent judiciary—by turning legal rulings into political battlegrounds.
The Role of Judicial Independence in Protecting Democracy
Judicial independence is one of the cornerstones of our democracy. When judges can make decisions free from political pressure, they ensure that laws are applied fairly and that no single branch of government can overstep its constitutional authority. The separation of powers—executive, legislative, and judicial—exists to prevent the consolidation of power and protect individual rights from government overreach.
Courts have played a critical role in upholding democratic values, whether by striking down unconstitutional executive orders, protecting voting rights, or enforcing environmental and civil rights laws. But when individuals like Musk and Vance attack individual judges who issue unfavorable rulings, they threaten the integrity of these institutions. Their rhetoric seeks to make judicial decisions subject to political whims, undermining the very checks and balances that safeguard democracy.
Lessons from the Antifascist Book Club: Authoritarianism and Judicial Attacks
The pattern of attacking the judiciary has been well-documented by scholars of authoritarianism. Several authors in our Antifascist Book Club provide valuable insights into how regimes dismantle democratic institutions through propaganda and legal manipulation.
Timothy Snyder, in On Tyranny, emphasizes that authoritarians often define "the enemy" to justify purges of independent institutions like the judiciary. By branding judges as corrupt or politically biased, leaders can bypass accountability and consolidate power. Musk’s baseless accusations against Judge Engelmayer exemplify this tactic.
Ruth Ben-Ghiat, in Strongmen, highlights how authoritarian leaders systematically discredit and manipulate courts to serve their political agendas. Leaders like Mussolini and Putin portrayed judges as enemies of the state to justify greater control over the judiciary. The rhetoric from Vance and Musk mirrors these strategies, eroding public trust in judicial oversight.
Masha Gessen, in Surviving Autocracy, underscores that authoritarian regimes thrive by undermining institutions of accountability, including the judiciary. Gessen warns that propaganda is central to this process. Musk’s public attacks are a textbook example of how authoritarian figures use media influence to delegitimize independent rulings.
These authors remind us that attacks on the judiciary are not just political theater—they are calculated moves to weaken democracy and expand authoritarian control.
The Authoritarian Playbook: Attacking Institutions that Limit Power
Authoritarian leaders understand that they must weaken or eliminate independent institutions that challenge their authority. The judiciary, the press, and regulatory agencies are frequent targets. Once these institutions are discredited, authoritarian regimes face fewer obstacles to enacting their agendas without accountability.
In many authoritarian states, courts are reduced to rubber stamps for the executive branch. Laws are reinterpreted to align with political goals, civil liberties are curtailed, and the rule of law becomes a tool for maintaining power rather than upholding justice. What we’re seeing in the U.S. today—Trump-aligned political leaders and unaccountable oligarchs attacking judges—is part of this same playbook.
The fact that our judiciary remains independent means our democracy still has strength, but the proliferation of these attacks from figures so high-up in government—who don’t have the last name Trump—makes these attacks particularly alarming. If unchecked, these rhetorical and legal assaults could erode the courts’ ability to function as a check on executive power, leaving citizens with fewer protections against government overreach.
Why It Matters: Defending Judicial Independence and the Rule of Law
As someone who has dedicated my career to fighting for democracy, I can’t overstate the importance of judicial independence. The attacks on judges—whether from Musk, Vance, or others—are not just isolated incidents. They are part of a broader effort to weaken the institutions that protect us from authoritarianism.
If judges can no longer make decisions without fear of political retribution, democracy itself is at risk. We cannot allow the judiciary to become another tool for those seeking to centralize power and silence opposition. We must support judicial independence, hold attackers accountable, and defend the rule of law.
But it’s worth noting that Trump and the extremists in his administration aren’t simply applying political retribution against the judiciary—they’re inciting stochastic terrorism.
When Trump railed against the judges who oversaw his many federal and state cases, those judges and their courthouses became the targets of credible threats that resulted in building evacuations, emergency responses, and closures that impacted unrelated cases. Individual judges—in addition to FBI agents and prosecutors—also became the targets of harassment, doxing, and SWATing campaigns that impacted their families and caused many of them to rightfully fear for their lives.
I have no doubt that the judges targeted now by Elon Musk and JD Vance are going to be experiencing much of the same.
Trump, Vance, and Musk are working to raise the personal cost of public service beyond what what most Americans can afford. Their goal here isn’t simply to push good people out of public service—it’s to make it so that only the most elite can afford to work in government at all. If they can effectively price the rest of us out of the “marketplace” of public service positions, the unaccountable oligarchs will effectively rule unchallenged.
What Can We Do?
Organize Locally: I’ve said it before and I’ll say it again: Get your Antifascist Book Club started. This isn’t just about educating yourself and your friends on the history of fascism—and how to fight fascism—it’s about building community so that you’re not acting alone in anything you do as we go on offense for democracy.
Demand Accountability: Call out public figures who attack the judiciary without evidence. Hold elected officials responsible for enabling these attacks. If they’re not proactively speaking in defense of the independent judiciary, they’re an enabler. The authoritarian tactics and language that used to be associated primarily with Trump has trickled through the entire Republican party. We need to put in the work at the local level against this normalization.
Support Judicial Independence: Advocate for policies that protect the autonomy of the courts. Support organizations working to preserve judicial integrity.
The road ahead may be challenging, but standing up for democratic institutions is essential. Together, we can safeguard the rule of law and protect the foundations of our democracy.
My god brother I’m glad I’m here on earth with you at the same time and on the same team…. 🤜🤛
“It’s over 9,000!” -DBZ
Love your stuff 10k soon