Lawfare Daily: How are the Courts Doing?

Two former federal judges discuss how courts are handling the enormous stress being put on the legal system.

Oct. 8, 2025 | Natalie K. Orpett, Philip M. Pro, Jeremy Fogel, Jen Patja | Lawfare

On today’s podcast, Executive Editor Natalie Orpett is joined by Judge Philip Pro and Judge Jeremy Fogel. Both are retired federal court judges who are members of a new organization, the Article III Coalition, which advocates for an independent judiciary. They talk about how the courts are faring amidst the enormous stresses of the day: a huge number of legal challenges to Trump administration actions, a judiciary under constant attack from critics—including several instances of real violence—and serious intra-branch tensions. And they discuss why it is so crucial that judges retain their independence—and how to make sure they do. …