Justice Sonia Sotomayor, the senior member of the Supreme Court’s liberal wing, emphasized the necessity for judges to remain “fearlessly independent” to ensure the survival of the rule of law during remarks at Georgetown University Law Center.
Speaking in a crowded auditorium, Justice Sotomayor addressed the fragility of the justice system in light of current events, although she refrained from discussing specific controversies related to the Trump administration's actions regarding presidential power. She expressed concern over public leaders, particularly lawyers, who make statements that challenge the rule of law.
The discussion, moderated by law school dean William M. Treanor, included questions from students, highlighting their anxieties about the legal profession's stability and the role of courts in protecting the rule of law. Justice Sotomayor referenced insights from Justice Rosalie Silberman Abella, a former Canadian Supreme Court member, stating that judges must remain independent and protective of rights.
She underscored the importance of judicial independence, asserting that it is crucial for everyone’s freedom and prevents arbitrary power that can lead to unfair treatment.
Justice Sotomayor's comments were delivered amid a controversial inquiry from Ed Martin, the interim U.S. attorney for the District of Columbia, who demanded that Georgetown Law School halt its diversity, equity, and inclusion (D.E.I.) initiatives. Martin's inquiry raised questions about the law school's curriculum and indicated that his office would not hire students affiliated with the institution.
In response, Dean Treanor defended the law school’s academic freedom, citing the First Amendment's protections against government interference in educational matters. He characterized the inquiry as a clear violation of constitutional rights and an attack on the university's Jesuit and Catholic mission.
While Justice Sotomayor did not address this specific exchange or the Trump administration's executive orders affecting law firms, she reflected on her own experiences related to affirmative action and the significance of race in legal contexts. She highlighted the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization, which overturned the constitutional right to abortion established by Roe v. Wade, as a significant error in the court's history.
Concluding her remarks, Justice Sotomayor emphasized the impact of judicial decisions on people's lives, stating that judges must be mindful of how their rulings affect individuals.