Vanderbilt Law Review Volume 71 | Issue 2 Article 3 2018 The Origins (and Fragility) of Judicial Independence Tara L. Grove Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Tara L. Grove, The Origins (and Fragility) of Judicial Independence, 71 Vanderbilt Law Review 465 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol71/iss2/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. The Origins (and Fragility) of Judicial Independence Tara Leigh Grove* The federal judiciary today takes certain things for granted. Political actors will not attempt to remove Article II judges outside the impeachment process; they will not obstruct federal court orders; and they will not tinker with the Supreme Court's size in order to pack it with like-minded Justices. And yet a closer look reveals that these "self- evident truths" of judicial independence are neither self-evident nor necessary implications of our constitutional text, structure, and history. This Article demonstrates that many government officials once viewed these court-curbing measures as not only constitutionally permissible but also desirable (and politically viable) methods of "checking" the judiciary. The Article tells the story of how political actors came to treat each measure as "out of bounds" and thus built what the Article calls "conventions of judicial independence." But implicit in this story is a cautionary tale about the fragility of judicial independence.