By Michelle A. Behnke
American Bar Association
The recent remarks by the president of the United States, leveling personal criticisms against members of the U.S. Supreme Court, are not acceptable and cross a dangerous line that threatens the safety of the judiciary and our judicial process. These remarks, following the Supreme Court’s ruling on tariffs, referring to the justices as “a disgrace to our nation” and “disloyal to the Constitution,” threaten to erode public confidence in the judiciary.
While judicial opinions are always subject to analysis and critique, such disagreement must be voiced with respect for the facts and the law and must respect the independence and integrity of the courts. Personal attacks against individual justices, particularly allegations that they are influenced by “foreign interests,” are wholly inappropriate. Such statements risk undermining the rule of law and the public’s faith in an impartial judiciary, foundational pillars of our democracy that have guided our nation since its founding.
The men and women of the Supreme Court, regardless of who appointed them, deserve respect for exercising their duty to interpret the Constitution faithfully and independently. The health of our constitutional system depends on maintaining that independence, free from political intimidation or retribution. Vigorous debate over policy is a strength of our democracy, but attacks that demean the judiciary are not. Incendiary rhetoric has helped contribute to the alarming increase in attacks on and threats to our judges. It must stop.
The American Bar Association calls upon all leaders, including the president of the United States, to exercise restraint in public discourse concerning the judiciary. We urge fellow bar associations to defend the critical work of our courts and all Americans to uphold the principles of respect, civility and the rule of law that sustain our democratic institutions.
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Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wis., is president of the American Bar Association. Prior to joining the firm, she was the principal of the firm Michelle Behnke & Associates, where her practice focused on business, real estate and estate planning. Behnke’s experience in the real estate area was recognized by her election to membership in the American College of Real Estate Lawyers. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/02/aba-statement-re-personal-attacks-on-scotus-justices/)
American Bar Association
The recent remarks by the president of the United States, leveling personal criticisms against members of the U.S. Supreme Court, are not acceptable and cross a dangerous line that threatens the safety of the judiciary and our judicial process. These remarks, following the Supreme Court’s ruling on tariffs, referring to the justices as “a disgrace to our nation” and “disloyal to the Constitution,” threaten to erode public confidence in the judiciary.
While judicial opinions are always subject to analysis and critique, such disagreement must be voiced with respect for the facts and the law and must respect the independence and integrity of the courts. Personal attacks against individual justices, particularly allegations that they are influenced by “foreign interests,” are wholly inappropriate. Such statements risk undermining the rule of law and the public’s faith in an impartial judiciary, foundational pillars of our democracy that have guided our nation since its founding.
The men and women of the Supreme Court, regardless of who appointed them, deserve respect for exercising their duty to interpret the Constitution faithfully and independently. The health of our constitutional system depends on maintaining that independence, free from political intimidation or retribution. Vigorous debate over policy is a strength of our democracy, but attacks that demean the judiciary are not. Incendiary rhetoric has helped contribute to the alarming increase in attacks on and threats to our judges. It must stop.
The American Bar Association calls upon all leaders, including the president of the United States, to exercise restraint in public discourse concerning the judiciary. We urge fellow bar associations to defend the critical work of our courts and all Americans to uphold the principles of respect, civility and the rule of law that sustain our democratic institutions.
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Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wis., is president of the American Bar Association. Prior to joining the firm, she was the principal of the firm Michelle Behnke & Associates, where her practice focused on business, real estate and estate planning. Behnke’s experience in the real estate area was recognized by her election to membership in the American College of Real Estate Lawyers. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/02/aba-statement-re-personal-attacks-on-scotus-justices/)
