Skip to content
Search

Latest Stories

Top Stories

Impartiality Under Fire: A Federal Judge’s Warning on Judicial Independence

With decades on the bench, Judge John S. Martin Jr. defends the judiciary’s role in safeguarding liberty.

News

Impartiality Under Fire: A Federal Judge’s Warning on Judicial Independence
brown mallet on gray wooden surface
Photo by Wesley Tingey on Unsplash

In times of democratic strain, clarity must come not only from scholars and journalists but also from those who have sworn to uphold the Constitution with impartiality and courage.

This second piece in a series in The Fulcrum, “Judges on Democracy,” where we invite retired federal judges to speak directly to the American public about the foundational principles of our legal system: the separation of powers, the rule of law, and the indispensable role of an independent judiciary to our democratic republic.


Read the first installment featuring Judge Paul R. Michel: Judges on Democracy: How the Independent Judiciary Protects America’s Constitutional Balance.

These voices are not partisan. They are principled. Having served on the bench with fidelity to law over politics, these jurists now step forward—not to advocate for any party or agenda but to illuminate the constitutional architecture that protects liberty and equality for all.

Their reflections are rooted in experience, not ideology. Their warnings are grounded in precedent.

At a time when threats to judicial independence are growing more frequent and more brazen, The Fulcrum offers this series as a civic resource and a moral compass. We believe that understanding how our courts function and why their integrity is essential to preserving the democratic experiment our founders envisioned is crucial.

Today, Judge John S. Martin Jr, who served as a United States District Judge for the Southern District of New York from 1990 to 2003, answered several important questions for the Fulcrum.

Judge Martin’s distinguished legal career has spanned more than six decades. Before his judicial appointment, Judge Martin served as the United States Attorney for the Southern District of New York from 1980 to 1983, leading one of the nation’s most prominent prosecutorial offices. Earlier in his career, he was an Assistant U.S. Attorney and Chief Appellate Attorney in the SDNY. He also served as an Assistant to the U.S. Solicitor General from 1967 to 1969. Judge Martin additionally held positions in private practice at several prominent firms, including Debevoise & Plimpton and Schulte Roth & Zabel, and was a founding partner of Martin & Obermaier.

Following his retirement from the bench, Judge Martin remained active in legal practice, serving as an arbitrator and consultant in matters involving commercial contracts, executive compensation, insurance coverage, and construction claims—routinely handling disputes valued in the hundreds of millions of dollars.

Judge Martin is a graduate of Manhattan College (B.A., 1957) and Columbia Law School (LL.B., 1961).

His words are a reminder that the judiciary is not a tool of power; it is a bulwark against its abuse.

Why did the framers enshrine an independent judiciary—and how does that safeguard our democracy today?

The genius of the Constitution lies in the fact that it created three separate coequal branches of the government, each with an independent responsibility. Congress was to pass laws; the president was the chief executive who would execute and enforce those laws, and the judiciary was to provide a forum for citizens and others to litigate disputes arising under the Constitution and laws of the United States. Most important, it was for the courts to have the final say as to whether either Congress or the president had overstepped their bounds and engaged in conduct that was either contradictory to or unsupported by something in the Constitution and laws of the United States. Thus, an important function of the federal courts is to ensure that neither Congress nor the president exercise power not granted by the Constitution.

Why are retired judges speaking out now—what compels you to break tradition and raise your voice?

The current political atmosphere has given rise to both physical threats to judges and efforts to undermine the independence of the judiciary.

Those who adopted the Constitution recognized the importance of having judges who were truly independent and who would act free from any pressure to do anything other than that which the law required. For that reason, the Constitution provided that federal judges should serve for life and could only be removed by impeachment and also provided that their compensation could not be diminished.

Why is using impeachment to challenge judicial decisions a threat to constitutional balance?

The Constitution prohibits removing a federal judge from office except by impeachment for "high crimes and misdemeanors." Thus, there is no grounds for an impeachment proceeding based solely on a judge's good-faith decision in a particular case.

Even though a judge cannot be impeached for a particular decision, the commencement of such a proceeding impinges upon the independence of the judiciary for two reasons. 1) it causes the judge to have to spend time and money defending a baseless proceeding, and 2) it inflames public reaction to such a decision and thereby creates a threat that someone will seek to injure the "offending" judge either physically or financially.

What do you wish more Americans understood about the role of judges in preserving liberty and equality?

Because of their independence, federal judges have the freedom to decide cases solely on the merits. That gives them the ability to protect the rights of each of us from any type of prohibited discrimination or from an unwarranted criminal or civil litigation.

What moment from your time on the bench best captures the weight—or wonder—of serving justice?

For me, the most difficult and most rewarding part of my work involved sentencing individuals for violation of criminal law. It was difficult because sentencing anyone to a substantial term in prison is an awesome responsibility. Federal law requires use of a sentencing guideline system, which in many cases can result in an unjust sentence if the guideline is literally applied. However, there are cases in which a judge can impose a sentence less than that set by the guidelines if the judge can articulate the existence of some factor that was not adequately considered by the commission that set up the guidelines. I think I did my best work as a judge in several cases where I dramatically reduced the sentences the guidelines established, using this exception. I think, for example, of the case in which I reduced the sentence of the mother of three young children from 3 1/2 years to seven months, and another in which I reduced the sentence of a low-level drug dealer from 19 to 12 years. Feeling that you are doing justice to those who may not have otherwise received it is one of the greatest satisfactions you can have as a judge.


Read More

President Trump on a large TV screen behind a woman wearing a statue of liberty inspired crown.

President Donald Trump speaks at the RNC midterm convention in Dallas on Sept. 9, 2026.

How Anti-Bribery Laws Apply to Trump’s Promise of $5,000 Payments if Republicans Keep Control of Congress

In his keynote address to the Republican midterm convention on Sept. 9, 2026, President Donald Trump promised that if Republicans retain control of Congress in November, he would authorize a US$5,000 payment to every American adult.

Trump’s offer seems to run afoul of federal laws, which make it a crime to pay for votes.

Keep ReadingShow less
Donald Trump

President Donald Trump speaks before signing the Secure America Act in the Oval Office of the White House on June 10, 2026 in Washington, DC.

(Photo by Alex Wong/Getty Images)

Federal Court Blocks Trump’s ‘Loyalty Question’ on Civil Service Job Applications

A court’s decision to block the Trump administration from including a “loyalty question” on federal job applications was a win not only for the nonpartisan civil service, but also for the communities public employees serve, said one labor leader whose union was among the plaintiffs in the case against the Office of Personnel Management.

Patrick Moran, president of the American Federation of State, County, and Municipal Employees (AFSCME) union, said Friday that the loyalty questions the OPM placed on job applications for public servants were a “blatantly illegal attempt to hire partisan cronies who would endanger our communities by putting politics before people, rather than dedicated, qualified public service workers.”

Keep ReadingShow less
​U.S. standard certificate of live birth application form next to flag of USA.

U.S. standard certificate of live birth application form next to flag of USA.

Getty Images

Birthright Citizenship Explained: History, SCOTUS Rulings & Executive Orders

Birthright citizenship has been part of American law for more than 150 years. As the American public continues to see challenges against its constitutionality, brought on by the Trump administration, it is important to remember why.

After the Civil War, Congress adopted the 14th Amendment in 1868 to overturn Dred Scott v. Sandford (1857), which had denied citizenship to Black Americans, dampening their federal protections. While the 13th amendment had abolished slavery a few years earlier, Free Black Americans were considered noncitizens by many, and thus had to work around a separate set of laws, meaning they could never be fully integrated as members of American society. In response to this issue, the 14th Amendment declares that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

Keep ReadingShow less
Scales of justice
a golden scale with an eagle on top of it

A Real Test for “Lawfare” Must Protect Allies and Enemies Alike

“Lawfare” is becoming a word that ends arguments instead of clarifying them. When Donald Trump or his allies are prosecuted, many on the right call the case political. When the Trump administration investigates critics, many on the left call it retaliation or “score-settling.” Sometimes those accusations are justified. Sometimes they are partisan reflexes. A label that changes with the identity of the defendant is not a rule of law.

The hard cases are not the ones with a public order to punish an enemy. They are cases with mixed facts: a real investigative predicate, a politically active target, disputed timing, later changes in treatment, and no contemporaneous record the public can inspect. Those cases require something better than “trust the prosecutors” or “trust the accused.” They require an auditable standard.

Keep ReadingShow less