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Judicial Independence: A Call for Reform

Terence J. Lau

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Abstract

According to retired Justice Sandra Day O'Connor, judicial independence is threatened now more so than any other time throughout history.Attacks on the judiciary have crossed the line from legitimate criticism to partisan harangues that threaten the ability of judges to rule fairly and without bias.This Article begins with a historical look at judicial independence as it has shaped the Supreme Court, including the impeachment of Samuel Chase, Ex Parte McCardle and the court-packing plan and concludes with a call for reform to the judicial appointment process to permit greater transparency in judicial selection.

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According to retired Justice Sandra Day O'Connor, judicial independence is threatened now more so than any other time throughout history.Attacks on the judiciary have crossed the line from legitimate criticism to partisan harangues that threaten the ability of judges to rule fairly and without bias.This Article begins with a historical look at judicial independence as it has shaped the Supreme Court, including the impeachment of Samuel Chase, Ex Parte McCardle and the court-packing plan and concludes with a call for reform to the judicial appointment process to permit greater transparency in judicial selection.

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Available abstract

According to retired Justice Sandra Day O'Connor, judicial independence is threatened now more so than any other time throughout history.Attacks on the judiciary have crossed the line from legitimate criticism to partisan harangues that threaten the ability of judges to rule fairly and without bias.This Article begins with a historical look at judicial independence as it has shaped the Supreme Court, including the impeachment of Samuel Chase, Ex Parte McCardle and the court-packing plan and concludes with a call for reform to the judicial appointment process to permit greater transparency in judicial selection.

Key concepts: Judicial independence, Impeachment, Law, Judicial discretion, Judicial activism, Political science, Supreme court, Independence (probability theory)

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