by Ken MacVey
It has become harder to be a judge, especially when it comes to politically controversial cases handled by federal judges. President Trump, his cabinet members, and White House spokespersons have relentlessly shot off barrages of nasty, personal attacks on judges for making decisions Trump disapproves. One stand – out is Trump’s comment that Supreme Court justices who ruled against his tariff program are “an embarrassment to their families.” He has called judges “rogues,” “criminals,” “unpatriotic,” “lapdogs,” “crooked,” and “radical left lunatics.” These comments cannot be dismissed as hyperbolic rhetoric any more than Trump’s invitation to his supporters to come to Washington DC on January 6, 2021 (“it will be wild”) can be dismissed as friendly “chit chat.”
Death threats against judges have increased astronomically. Judges are being “doxxed.” Last month, Chief Justice Roberts in an interview declared it is fair game to criticize judge’s decisions but not fair game to go after a judge with personal attacks. He said it’s dangerous and “it has to stop.”
Judges judge. That’s true by definition. What is not tautological is that judges are also judged. Despite Chief Justice Roberts’ well justified alarm about the escalation of personal attacks on judges and courts— judges and courts still must be judged. This is particularly true in these unprecedented and challenging legal times. Speaking up for judicial independence is essential. Speaking up about judges’ decisions that undercut the rule of law is essential too. Judges, especially federal judges and Supreme Court justices, will face in the next months the gravest challenges judges have had to face perhaps in the history of the American republic. How they fare will be judged by the American people and history. If judges flinch in doing their duty in upholding the rule of law and standing up to a president’s attempts to shred the Constitution, they must be judged. That absolutely does not include personal, angry attacks. But it does not mean being silent either when the rule of law is being undermined. Read more »

The debate about whether artificial intelligence might one day become conscious is philosophically interesting. It raises age-old philosophical questions in a new form: What is a mind? What counts as experience? What would it mean for something made of code and silicon to have beliefs, desires, or a point of view? I covered some of those issues in a 




My previous 3QD column 

Deborah E. Roberts. When You See Me, 2019.
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