Retired judges warn that the rule of law is unraveling
Source: Washington Post
November 28, 2025 at 5:00 a.m. EST
When the White House blasted a federal judge as partisan for dismissing the criminal cases against former FBI director James B. Comey and New York Attorney General Letitia James this week, it was an attack that has become common in President Donald Trumps second term. For many retired federal and state supreme court judges, it was another example of the presidents assault on the judiciary and further erosion of the rule of law.
In a dozen interviews with The Washington Post, former judges and one soon-to-be-retired judge described a judiciary under incredible strain and its integrity threatened by partisan attacks, antagonistic rhetoric from public officials and ambiguous decisions handed down by the nations highest court.
Many judges said the politicization of judges, the Supreme Courts expanding use of emergency dockets and sustained criticism from the Trump administration have pushed the courts and democracy to a fragile tipping point one where cooperation with rulings and adherence to the rule of law can no longer be assumed.
Theres not a person in our country that, whether they think about it or not, does not depend upon the ability of these fundamental rights and liberties to be protected in an action in court if there is someone who violates that, said Paul Grimm, a retired judge for the U.S. District Court for the District of Maryland. The consequences, judges warn, are already becoming visible in whos willing to serve as a jurist, global shifts in judicial norms and the types of justice the U.S. system can still deliver.
Read more: https://www.washingtonpost.com/politics/2025/11/28/judges-trump-administration-rule-of-law/
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doc03
(38,683 posts)Irish_Dem
(78,297 posts)no_hypocrisy
(53,889 posts)You get a client. The facts and the law are in the favor of your client.
You go to trial. You win. Your adversary appeals.
Appellate Court: You win. Your adversary appeals.
State Supreme Court: You win. Your adversary appeals to the USSC. (Same thing with Federal Appellate Court)
Your client is running out of money.
You go before the USSC. All six of the majority and their law clerks know you're right. Even on Originalist Doctrine.
And SCOTUS rules against you. You should have won. Your client lost the bet and all the money. You feel as though you let your client down. But you relied on precedent and stare decisis.
And think if you're a law professor. How do you teach law that isn't recognized by SCOTUS?
bronxiteforever
(10,993 posts)will be an ongoing cancer on the American government. Reformation of the Court is essential to any hope of bringing balance back to the law.
The overruling of precedent, the Kavanaugh stop decision, the Roberts quest for a unitary executive government, the dismantling of civil rights, the erosion of judicial ethics and the flaunting of corruption and the power of ideological billionaire funded think tanks to set the agenda of the peoples court have fostered this dystopian political climate.
Vthestate
(41 posts)Please check the first two comments....try to figure who is causing the wrecking from their posts.... Aim is important....mealy whining is boring. The GOP with media help has frogotten about law governing and needs to be called out by name until shame kicks them out of office! You comment names names ...huraay!!!!
Solly Mack
(96,156 posts)mdbl
(7,891 posts)Every fucking criminal on the planet is being released by the Dump administration like a bubonic plague being release into the public.
Bayard
(27,993 posts)He empties his poopy diapers on rule of law.
sakabatou
(45,574 posts)LudwigPastorius
(13,882 posts)thought crime
(1,039 posts)At some point it may have been stopped if we had prioritized appointment of judges, as republicans do, and had been as ruthlessly hypocritical as them. And luck had something to do with it as well. Now it may be too late as republican judges in the Supreme Court force their agenda to keep power, letting rule of law fall to the wayside.