A personal note on judges, identity, and courage
I watched recent court battles unfold with a mix of pride and unease. Courts across the country have been issuing injunctions and stays that pause sweeping executive moves — and a subset of these decisions has triggered a visceral backlash from political corners often labeled "MAGA." The ire has had an unmistakable tone: when the rulings come from judges of Indian descent, the rhetoric often drifts from legal critique into cultural and racial grievance.
I write as someone who has long believed in two things: that strong institutions keep democracy breathing, and that immigrant communities should be judged by their contributions to the public good. When courts do their job — pausing a policy to allow the law to be tested and explained — that is not obstruction; it is the system working as designed.
Why this matters beyond headline heat
Judicial independence is not an academic luxury. It is the mechanism that lets disputed power be translated into legal principles rather than street fights. When courts pause a policy, they buy time for evidence, precedent, and reasoned argument.
When attacks against judges fold in ethnicity or faith, the consequence is twofold: a chilling effect on people of similar backgrounds considering public service, and erosion of public confidence in an impartial judiciary.
The backlash we’re seeing is symptomatic of a deeper tension in our politics: the polarization of every institution into a tribal marker. That makes neutral, professional institutions into targets — and that is a loss for everyone.
What I keep thinking about
The legal system is meant to translate political fights into legal tests. A temporary injunction is not a moral endorsement; it is a procedural pause so rights and laws can be squared against each other.
We must be careful not to let political frustration mutate into cultural blame. Attacking the person because of ancestry or accent is not the same as critiquing a legal reasoning. Our language matters.
Immigration and professional success have two common outcomes: greater national strength and, occasionally, resentment. We have to name the resentment and push back — not by silencing critique but by insisting critique stay anchored to facts and law, not identity.
What I’ve written before (and why it connects)
Some of my earlier writing has looked at delays in justice and the role of courts in protecting citizens from hasty policy changes. In a past piece I argued for reforms and technology to make courts more accessible and predictable; the same impulse underlies my reaction now: predictable processes and public trust protect both citizens and institutions. See my earlier post: Justice Delayed is Justice Denied.
A modest set of practical hopes
For the legal community: keep explaining. Judges and litigants should keep producing clear, accessible opinions that show what legal tests are being applied and why.
For civic leaders: call out rhetoric that targets identity and redirect debate to policy and law.
For my fellow immigrants and children of immigrants: this moment is a reminder that public service sometimes means standing where scrutiny is sharpest. That scrutiny should be fair — not racialized.
Closing, in first person
I am proud of judges who put the law before applause, regardless of their background. I worry when the conversation about courts descends into tribal fury centered on ancestry rather than argument. If we want robust institutions that protect rights and govern fairly, we have to protect the people who staff them — especially when they act as referees in our most consequential fights.
Regards,
Hemen Parekh
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