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The Origins (And Fragility) Of Judicial Independence, Tara L. Grove

Vanderbilt Law Review

We hold certain truths of the federal judiciary to be self-evident. Article III judges are entitled to life tenure and salary protections, and cannot be removed outside the impeachment process.' Political actors must comply with federal court orders. And "packing" the Supreme Court is wrong. These assumptions are so deeply ingrained in our public consciousness that it rarely occurs to anyone to question them. But a closer look reveals that these "truths" are neither self- evident nor necessary implications of our constitutional text, structure, and history. Instead, these rules of our federal judiciary have emerged over time through the rough …