
Amicus With Dahlia Lithwick | Law, justice, and the courts The “Civility” Problem for Judges
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May 9, 2026 Jeremy Fogel, former U.S. district judge and judicial educator, and Robert S. Lasnik, senior U.S. district judge and longtime commentator on judicial independence, discuss rising threats to judges. They talk about social media’s role, attacks from political leaders, historical authoritarian tactics, judges’ reluctance to respond, and how courts can push back while preserving civility and public trust.
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Real World Violence Reached Judge Esther Salas's Family
- Judges have faced lethal in-person attacks, not just online abuse.
- Dahlia cites the 2020 murder of Judge Esther Salas's son by a disgruntled litigant as a grim real-world consequence.
Social Media Multiplied Threat Volume And Impact
- Threats against judges are qualitatively different today because social media amplifies volume and speed of attacks.
- Jeremy Fogel contrasts past hundreds of nasty letters with today's viral millions and credible death threats requiring marshal protection.
Executive Rhetoric Makes This Moment Unprecedented
- Attacks on the judiciary now include direct, hostile rhetoric from the executive branch and attorney general.
- Robert S. Lasnik warns that language like declaring "war" on the federal judiciary and impeachment threats is unprecedented and corrosive.


