Distinguished Jurist J. Michael Luttig Warns of Sustained Attacks on Judiciary at University of South Carolina Event

Retired judge J. Michael Luttig warns that America's judiciary is under "vicious" attack. Read about his call for the legal profession to defend the rule of law.

By: AXL Media

Published: Mar 3, 2026, 6:19 AM EST

Source: The information in this article was sourced from The State

A Crisis of Judicial Independence and Legitimacy

In a powerful address at the Joseph F. Rice School of Law, Judge J. Michael Luttig described the current state of the American judiciary as one of profound peril. Luttig, a veteran of the U.S. Court of Appeals for the Fourth Circuit, argued that the federal judiciary is facing an unprecedented effort to erode its constitutional authority. He noted that plunging respect for the U.S. Supreme Court and other legal institutions is not a random occurrence but a result of internal divisions and political pressures that threaten to dismantle the rule of law. According to Luttig, these attacks on the "indispensable branch" of government jeopardize its role as the impartial guardian of the Constitution.

The Role of Political Rhetoric in Undermining Courts

Luttig highlighted how aggressive political rhetoric and actions ranging from executive overreach to the subversion of election results have directly impacted the judiciary’s standing. He pointed to the events surrounding the 2020 election and the January 6 attack on the Capitol as watershed moments that tested the resilience of the constitutional order. In his view, the continued delegitimization of court rulings by political leaders creates a "maelstrom" that judges must navigate, often under historic pressure. Luttig warned that if judges are no longer viewed as impartial arbiters, the very foundation of American democracy could collapse.

The Duty of the Legal Profession to Defend the Rule of Law

Addressing the future generation of lawyers at USC, Luttig issued a singular challenge to the legal profession: to serve as the primary defenders of the Constitution. He asserted that attorneys are "uniquely responsible and obligated" to stand up for judicial independence and to push back against the "frontal assault" on the legal system. Luttig’s call to action emphasized that bar associations and individual practitioners must lead the effort to restore public confidence in the courts, particularly as other political institutions fail to provide the necessary checks and balances.