Adler Defends Role of Independent Federal Judiciary in Tribune Op-Ed

Dec 24, 2013 | Stegner Center

In a December 24 Salt Lake Tribune op-ed, Bob Adler, Interim Dean of the University of Utah S.J. Quinney College of Law, stressed the importance of an independent federal judiciary and provided historical perspective, courtesy of Alexander Hamilton.

In The Federalist No. 78, Adler explained, Hamilton defended the proposed federal constitution. His rationale, as explained by Adler, was to emphasize “the critical role of an independent federal judiciary to take the politically unpopular action of checking unconstitutional legislative acts.”

Published in the week after rulings by two federal judges attracted both praise and criticism, Adler emphasized that he was “neither supporting nor opposing either the polygamy or the gay marriage decisions.” Rather, he wrote, “I am defending the essential role of the federal judiciary in ensuring that an elected legislative majority cannot infringe on the constitutional rights of minority groups of any kind — one of the foundational principles of American government and liberty.”

To read Adler’s Salt Lake Tribune op-ed, click here.