Justice Sonia Sotomayor Says Judges Must Be ‘Fearlessly Independent’

Justice Sonia Sotomayor, the senior member of the Supreme Court’s liberal wing, said on Friday that judges must remain “fearlessly independent” if the rule of law is to survive.

Her remarks, made in a packed auditorium at Georgetown University Law Center, were at once cautious and forceful. She did not address particular controversies arising from the Trump administration’s actions testing the conventional understanding of presidential power, many of which appear likely to land at the Supreme Court. But she made plain that her observations about the fragility of the justice system addressed current events.

She bemoaned, for instance, “the fact that some of our public leaders are lawyers making statements challenging the rule of law.”

She was interviewed by the law school’s dean, William M. Treanor, who interspersed his questions with ones that had been submitted by students. He started the conversation by characterizing those questions, alluding to recent efforts by the Trump administration to punish major law firms and its battles with courts over its blitz of executive orders.

“As our students prepare to join the legal profession, they are confronting genuine unsettling questions about the durability of that profession and of the law itself,” he said. “The most commonly asked question was the role of courts in safeguarding the rule of law.”

Justice Sotomayor answered in general terms, citing reference works and experts. She said she had consulted with Justice Rosalie Silberman Abella, a former member of the Supreme Court of Canada, about judges’ obligations, quoting her response: “They need to remain fearlessly independent, protective of rights and ensure that the state is respectful of both.”