From its beginning, our system of constitutional democracy has relied on the independence of the judiciary. Courts are able to protect the basic rights of individuals and decide cases fairly only when they are free to make decisions according to the law, without regard to political or public pressure. Similarly, the judiciary can maintain the checks and balances essential to preserving a healthy separation of powers only when judges are able to resist overreaching by the political branches. Indeed, the cornerstone of American liberty is the power of the courts to protect the rights of the people from the momentary excesses of political majorities

In recent years, the polarization and posturing that increasingly characterize our national and state politics have posed risks to the independence of the judiciary. Attacks on judges for unpopular decisions, even when those decisions are a good faith interpretation of the law, have become rampant. Politicians, both federal and state, are responding to unpopular decisions and litigants by attempting to strip the courts of their powers over certain kinds of cases. Efforts to politicize the federal and state judicial selection processes are increasing around the country, and campaign contributions to state court judges and candidates by litigants and their lawyers are escalating, raising concerns about fairness and impartiality. And more and more, court budges are being cut, resulting in closed courthouse doors and diminished services.

It is against this backdrop that the Constitution Project's Courts Committee works to protect judicial independence while promoting judicial accountability. The Courts Committee conducts public education and advocacy campaigns on the importance of our courts as protectors of essential constitutional freedoms, while recognizing that our judicial system is accountable through appropriate and established means.