In a rare public appearance on June 26, 2025, retired U.S. Supreme Court Justice Anthony Kennedy issued a stark warning about the erosion of democratic norms in the United States, citing escalating political hostility and increasing threats against judges as significant concerns. Speaking at the “Speak Up for Justice” virtual forum, Kennedy emphasized the critical role of judicial independence in maintaining a healthy democracy.
“Many in the rest of the world look to the United States to see what democracy is, to see what democracy ought to be,” Kennedy stated during the event. “If they see a hostile, fractious discourse, if they see a discourse that uses identity politics rather than to talk about issues .
Kennedy, who served on the Supreme Court from 1988 until his retirement in 2018, refrained from naming specific individuals but highlighted the dangers of divisive rhetoric and personal attacks on the judiciary. His comments come amid a climate where judges have faced increased threats and political pressure, particularly in cases involving contentious policy decisions.
The forum also featured U.S. District Judge Esther … , who spoke candidly about the personal toll of such threats. In 2020, Salas’s son was tragically killed in an attack targeting her family. She noted that the U.S. Marshals … , underscoring the urgent need for enhanced security measures.
“We are seeing the spreading of … ,” Salas warned, referencing inflammatory rhetoric that labels judges as “rogue” or “corrupt.” “We’re going to break records—and not in a good way.”
The “Speak Up for Justice” forum brought together judges and legal experts from around the world to discuss the challenges facing judicial independence. Participants included judges from Venezuela, Poland, and South Africa, who shared their experiences with political interference in the judiciary.
Justice Richard Goldstone of South Africa, known for his work on international tribunals, emphasized the importance of an independent judiciary in upholding the rule of law. “Judicial independence is not conferred so judges can do as they please. Judicial independence is conferred so judges can do as they must,” he remarked.
The forum highlighted concerns that the United States is exhibiting warning signs similar to those seen in countries where democratic institutions have been undermined. The increasing politicization of the judiciary, coupled with direct threats and attempts to delegitimize court decisions, poses a significant risk to the nation’s democratic framework.
In response to these challenges, members of the federal judiciary have called on Congress to increase funding for judicial security. U.S. Circuit Judge Amy St. Eve and Judge Robert Conrad recently requested a 19% increase in security spending, totaling $892 million, to better protect judges and their families. They emphasized that such measures are essential to preserve the independence of the judicial branch.
Kennedy’s remarks serve as a reminder of the delicate balance required to maintain a functioning democracy. His call for a return to respectful, issue-based civil discourse underscores the need for vigilance in protecting democratic institutions from erosion.
As the United States navigates a complex political landscape, the voices of experienced jurists like Kennedy and Salas highlight the importance of safeguarding the judiciary from external pressures and ensuring that it remains a bulwark against authoritarian tendencies.
