250 years after Patrick Henry's cry, is legal independence dying on our watch?

When Patrick Henry made his famous declaration 250 years ago, it was a rallying cry to gird American leaders to defend fundamental freedoms. The Daily Journal is right to commemorate this moment in American history. But as lawyers and judges, we also must ask whether we are witnessing a similar erosion of liberty today.

In Patrick Henry's time, the threats were from a foreign power: it was about the redcoats and taxes. Today, it's about the threats to judicial and legal independence - the cornerstones of the rule of law. The time and context differed, but Patrick Henry's message - that protecting liberty requires vigilance and courage - is relevant today.

The independence of the judiciary is the foundation of fairness for every citizen. This independence is what assures that a judge will rule based on law and evidence, free from political pressure, financial influence, or fear of reprisal. Without it, the scales of justice tip, and we erode faith in the promise of equality under the law. 

Today, this independence is under assault. Judges are increasingly targeted for their decisions. They face attacks on their integrity and legitimacy, or worse, calls for their impeachment. Public attacks by the executive branch and attempts by the legislature to restrict judicial authority undermine trust in our system itself. These acts create a climate where impartial decision-making is threatened. 

Sometimes overlooked is the importance of the independence of the legal profession. Independent counsel is essential to our adversary system. Attorneys must be free to represent any client, bring any lawful claim, and challenge any government action, without fear of retaliation. This doesn't mean agreeing with or condoning a client's actions; it means upholding the fundamental principle in our system that everyone deserves zealous representation and a fair hearing. Lawyers serve as the link between the people and our system of laws. Thus, the independence of the judiciary and the bar are inextricably intertwined. The judiciary needs courageous advocates to bring cases and causes before it. Attorneys need independent judges to ensure a fair day in court. Together, we are the checks on overreach. 

But the threats to legal independence grow ever louder. Lawyers and law firms face retaliation and scrutiny for their representation of clients and their advocacy for unpopular causes. We cannot allow the levers of government to become weapons of retribution. As legal professionals, we hold a special duty to uphold the law. We're not mere bystanders. Each of us took an oath to uphold the Constitution, and that oath demands action. So, what can we do?

First, we must use our voices. We need to speak out, forcefully and consistently, in defense of judicial and legal independence. We are the interpreters; we need to explain to colleagues, our communities, and our electeds why these principles are the foundation of a free and just society.

Second, we need to support each other. When judges face unfair attacks, we must stand in solidarity. When lawyers are targeted for doing their jobs, we must defend their right to represent their clients without retribution.

Third, we must engage the public. Each of us should educate our communities about the vital role that an independent judiciary and a fearless legal profession play in protecting their rights and freedoms.

But my specific call to action: May 1, 2025, is Law Day, the day designated to reflect on the importance of the role of law for our country. On that day, I ask every lawyer, judge, and community member to join us for a public demonstration of support for the rule of law. Let's stand together - at noon (12 p.m.) on the steps of your nearest federal courthouse. In San Francisco, we'll gather at noon at the steps of the Ninth Circuit Courthouse. There we will reaffirm our commitment to judicial and legal independence. 

Encourage your law firms, bar associations, and colleagues to participate. We should use this moment to educate the public, stand together for the rule of law, and send a clear message: Americans will not stand idly by while the pillars of our legal system are chipped away.