The Heart and Lungs of Liberty JUDGE MARK S. NORRIS
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ndependence Day 2026—the commemoration of our nation’s birth—takes on added significance this year. In the face of increasing threats against the judiciary, celebrating the 250th Anniversary of the Declaration of Independence must include a renewed dedication to the independence of the judiciary as well.
After all, the building blocks of our constitutional republic—independence from the King, impartiality, the rule of law, natural rights, consent of the governed, equality under, and accountability to, the law—are embodied in the Declaration of Independence. As Justice Clarence Thomas recently said, “The Constitution is the means of government; it is the Declaration that announces the ends of government.” (Remarks at the University of Texas, April 15, 2026). Judicial independence is, thus, fundamental and foundational to our constitutional republic and the rule of law that sustains it. And all of us must be vigilant and outspoken in its defense. As Justice Sandra Day O’Connor said, “Judicial independence doesn’t happen all by itself. It’s very hard to create and it’s easier . . . to destroy . . . we need lawyers to get out there and defend the concepts.” (William & Mary Law School, May 11, 2008). Judicial independence is under siege. As one of countless recent articles has detailed, “[t]oday, acts of political violence in the United States are at their highest level in decades. Polling by the Public Religion Research Institute found that from March 2021 to December 2025, the share of Americans who agreed with the sentiment that ‘true American patriots may have to resort to violence in order to save the country’ increased from 15 percent to 20.” (The Atlantic, April 30, 2026, “The Era of Normie Extremism Is Here”). According to the U.S. Marshals Service, recent data reflects that potential threats, violence, or danger to federal judges have increased 56.8% year over year since 2024. Tennessee Supreme Court Chief Justice Holly Kirby first spoke to this two years ago: The increase is driven by a public discourse that’s 8
infected with disinformation and conspiracy theories about judges being corrupt, . . . essentially just politicians in robes using the justice system to accomplish their dastardly objectives. Public figures across the political spectrum have created a permission structure for this type of thinking. They’ve normalized accusing judges of corruption, bias, or dishonesty when they disagree with a legal ruling. This culture jeopardizes the judiciary’s legitimacy and promotes violence as an acceptable choice. (Remarks at the Memphis Bar Foundation Fellows Induction Ceremony on April 25, 2024) Long before he became our second President, John Adams signed the Declaration of Independence. In 1774, he wrote, “Representative government and trial by jury are the heart and lungs of liberty.” Not six months after Justice Kirby spoke, on October 7, 2024, one heart and lung of liberty was nearly lost. My law clerk was the victim of attempted murder following the verdict in a high-profile case. The bullet pierced near his heart and through his lung. By the grace of God, he made a full recovery, but the threat remains real to this day. Threats against the judiciary are increasingly commonplace. Yet quantifying their impact is all too often little more than an intellectual exercise. Upholding the rule of law, preserving the separation of powers, and defending our constitutional republic are fundamental to those of us who wear black robes. But they are fuzzy, if not completely unknown, concepts to the general public. According to the United States Chamber of Commerce, 1 in 3 people cannot name or explain the work of the judicial branch. Over 50 percent believe courts favor the wealthy and judges do not set aside their personal political beliefs when making their rulings. Therefore, we must all do more to steadfastly guard against civic