Episode

Amicus With Dahlia Lithwick | Law, justice, and the courts - The “Civility” Problem for Judges

Podcast: Slate Daily Feed
Published: May 9, 2026
Duration seconds: 3721
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Summary

Two federal judges discuss the unprecedented rise in threats, doxxing, and violence targeting the American judiciary. They explore how the breakdown of political norms and the silence of the bench are endangering judicial independence.

Topics

Judicial Independence
Rule of Law
Federal Judiciary
Political Polarization
Judicial Ethics
Constitutional Law
Judicial Threats
American Democracy

Highlights

Main idea: The increasing frequency and intensity of threats against judges represent a fundamental attack on the rule of law
Failure mode: The judiciary's traditional reluctance to speak publicly on non-case matters may be leaving the institution vulnerable to political attacks
Practical takeaway: Judges must find ways to engage with the community and increase transparency without abandoning judicial impartiality
Main idea: The current political volatility is driven by an executive branch that increasingly uses aggressive rhetoric to undermine judicial authority
Failure mode: A lack of congressional oversight and action has forced individual judges into the role of unexpected spokespeople for the branch

Chapters

1:10 Attacks on the Rule of Law: An examination of how recent political rhetoric and accusations against the Supreme Court function as attacks on democratic stability.
6:10 The Escalating Scale of Threats: A discussion on the changing nature of judicial threats, noting that while violence is not new, the current volume and intensity are unprecedented.
10:50 The Strategy of Undermining Courts: Analyzing the political playbook of targeting the judicial branch to erode the rule of law and facilitate institutional shifts.
20:50 The Ethics of Judicial Speech: Exploring the tension between maintaining judicial neutrality and the need to address ethical and systemic pressures.
30:50 The Impact of Hyperpolarization: How the collision between an aggressive executive branch and the courts creates a constitutional crisis the founders did not intend.
56:00 The Need for Transparency: A call for the judiciary to move away from being a 'mystified guild' and toward greater public engagement and transparency.