The Lawfare Podcast Lawfare Daily: How Are the Courts Doing?
Oct 8, 2025
Retired federal judges Philip Pro and Jeremy Fogel, both members of the Article III Coalition, dive deep into the challenges facing the judiciary today. They discuss the alarming threats against judges and the impact on their safety and emotional well-being. The duo highlights the critical need for judicial independence and its role in maintaining public trust. They also tackle the confusion surrounding the Supreme Court's shadow docket and offer guidance for judges under political pressure, emphasizing transparency and community engagement to support a resilient judiciary.
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Volume And Amplification Of Attacks
- Federal judges face unprecedented volume and amplification of attacks compared with historical moments due to social media and high-level rhetoric.
- Those attacks strain public confidence and the judiciary's role even if judges remain resilient in decisions.
Judge McConnell's Threats Example
- Jeremy Fogel recounted Judge McConnell receiving death threats, threats to family, and 24/7 marshals after a case decision.
- He used that example to show the real emotional and logistical toll on judges and their benches.
Personal Threats And Marshal Protection
- Judge Pro described personal marshal protection episodes including marshals living in a motorhome outside his home for weeks.
- He emphasized the disruption and family impact those protections caused while remaining resolved to do his duty.
