Judicial Notice (09.21.25): Free Speech Under Attack
WASHINGTON D.C. – A growing chorus of legal figures is sounding teh alarm over what they describe as escalating threats to judicial independence, coinciding with a disturbing instance of violence targeting a member of the judiciary and intensifying scrutiny of judicial nominees. The developments underscore a volatile climate for the courts, raising concerns about the ability of judges to operate free from political pressure and personal endangerment.
Over 100 federal judges-including Supreme Court Justices-recently signed a letter arguing that “the Constitution is under attack,” and calling “upon every American to join us in upholding judicial independence.” This action follows a series of incidents involving threats against judges,fueled by increasingly polarized political rhetoric and high-profile cases.
The concerns are compounded by a recent sentencing in California,where former state-court judge Jeffrey Ferguson was sentenced to 35 years to life in prison for the second-degree murder of his wife. Ferguson shot and killed his wife in August 2023 following a drunken argument.The case highlights the personal vulnerabilities faced by those within the judicial system.
Meanwhile, the nomination of Rebecca Taibleson, assistant U.S. attorney (E.D. Wis.),to the Seventh Circuit is facing opposition from some conservatives. Criticism centers on minor past campaign contributions-$50 to Joe Manchin-and a donation to a Jewish nonprofit supporting LGBTQ members. taibleson, a former law clerk to Brett kavanaugh and Antonin Scalia, has strongly defended herself against the criticisms. She has received support from prominent conservatives including Mike Davis, Michael Fragoso, Josh Blackman, and the editorial board of The Wall Street Journal.
These events collectively paint a picture of a judiciary under pressure, facing both external threats and internal divisions, as it navigates an increasingly complex and contentious political landscape.
