It is a fundamental principle that the judicial component of government is independent in order to insulate its members from punitive actions by the legislative and executive branches of the government. Only when the judiciary is independent can it make fair decisions that uphold the rule of law, an essential element of any genuine constitutional democracy.

In fact, it is the judiciary that guards the rule of law in a constitutional democracy. I recognize the equally well-established tenet that the legislature must enjoy its oversight function through the confirmation and reappointment process, but that oversight must be exercised with caution and discretion, after extensive and careful deliberation, if healthy judicial independence is to be maintained. Nothing has more negatively impacted these fundamental precepts than this year’s round of judicial confirmation hearings.