Monday is Bill of Rights Day, marking 234 years since the United States ratified the first 10 amendments to the Constitution. A nonpartisan group called Keep Our Republic chose this day to highlight a new alliance of chief justices from across the country.
Retired Hawaiʻi Supreme Court Chief Justice Mark Recktenwald is among nearly 50 retired judicial leaders who have taken the unusual step of forming the group to talk about the rule of law and why respecting basic rights is important.
Interview highlights
On the alliance of former chief justices
MARK RECKTENWALD: There's a lot going on in our country related to the rule of law and the role of courts, and that's certainly something that I think lawyers, ordinary citizens and judges are all thinking a lot about. Now, for judges, there are limits on their ability to speak out while they're currently sitting, but for retired judges, there aren't any limits, really. We can say what we want and express our opinions. And so the thought was that those of us who'd served as chief justices of states or territorial supreme courts across the country had a unique perspective about the rule of law, about the judiciary, about what it means to have independent courts that are dedicated to providing justice, in our case, to thousands of people each year. And so we've come together as a group, and we're still organizing. But as of this point, we have well over 40 former chief justices from across the nation, folks from all political backgrounds, before they became justices, and are coming together for this common purpose of supporting the rule of law.
On the Bill of Rights
RECKTENWALD: Today is Rule of Law Day. So it was back in Dec. 15, 1791, that the Bill of Rights, the first 10 amendments to the Constitution, were ratified. They weren't part of the original Constitution, but they came shortly thereafter. And so it's a really important day in our nation's history, and we thought it was an apt day to come forward with the initiative that we've put together and explain again how the rule of law ensures that those rights are respected and that they have meaning. The Constitution, we can't take for granted that those rights are going to be there unless folks who value them and who value an independent judiciary and value decisions being made not based on politics or power or popularity, but what is right and what the law is in each case, have to speak up.
On the rule of law
RECKTENWALD: We have about 45, maybe a few more, chief justices from across the nation. And really, the core thing is just to be there and be able to serve as a resource, to be able to serve as a source of information about what the rule of law means, about the fact that judges decide cases not based on politics. And that's something I think is a very corrosive factor, to suggest that judges are partisans, they were appointed by this person, or they're allied with that party, so that must be why they're ruling, and that absolutely is not the case. I think judges take very seriously their obligation to rule based on the law and the facts, but it's important to share that with people. I'm not sure when you talk about the rule of law, I'm not sure that a lot of folks necessarily know what that means. Really, what it means is that we're going to decide based on the facts of the case, not on some preconceived opinion or bias that we might have, and we're going to apply the law as we see it.
On speaking up to defend the rule of law
RECKTENWALD: My hope is that maybe this can expand to other former judges. … But I'm hoping that both trial judges and also attorneys who feel strongly about these issues will hopefully come together in a way that they can express support for the rule of law and support for independent courts and explain why the system is worthy of trust and respect, and not have people be misled by this notion that, “Hey, these guys are all just politicians.” And to be fair, in some states, the judges do run for office. That's not something we do here in Hawaiʻi. It's not something that I personally support. But in those states, they are required to put aside their political beliefs and rule based on the law and facts. So it's a system that has integrity, and to see it take these hits over and over again, I think somebody has to speak up. So, you know, if it's not going to be former judges, if it's not going to be citizens who care, if it's not going to be lawyers who have sworn an oath to defend the Constitution, who is it going to be? For my part, I decided it was going to be me and I was willing to speak up. And I'm going to urge other people to consider speaking up as well.
This story aired on The Conversation on Dec. 15, 2025. The Conversation airs weekdays at 11 a.m. Hannah Kaʻiulani Coburn adapted this interview for the web.
