Please ensure Javascript is enabled for purposes of website accessibility

The Rule of Law still deserves our attention

Rebecca Berch, Guest Commentary//May 1, 2026//

(Pavel Danilyuk / Pexels)

The Rule of Law still deserves our attention

Rebecca Berch, Guest Commentary//May 1, 2026//

Rebecca Berch

May 1 marks Law Day, a day set aside to recognize a simple but powerful idea: in America, we are governed by laws, not by individuals.

Law Day was established in 1958 by President Dwight D. Eisenhower and later designated by Congress. The day celebrates what distinguishes our system — that our government is grounded in fairness, individual rights, and the rule of law, not the will of any one person. That message resonated then, and it remains just as important today.

At its core, the rule of law means that no one is above the law and that the same rules apply to everyone. It is a simple but powerful idea, one that requires constant vigilance — particularly in moments when public confidence in institutions is tested.

My own career in Arizona has allowed me to see the justice system from multiple perspectives. I began in private practice, later served as Solicitor General and Chief Deputy in the Arizona Attorney General’s Office, and spent time teaching future lawyers at Arizona State University’s College of Law. Each of those experiences underscored a common theme: The law is not just a set of rules — it is a framework that depends on integrity, clarity and trust.

That understanding carried forward during my years on the bench — first on the Arizona Court of Appeals and later on the Arizona Supreme Court, where I also had the privilege of serving as chief justice. At every level, the responsibility was the same: To decide cases based on the law and the facts, without regard to political pressure or public opinion.

Judicial independence is not about protecting judges. It is about protecting the people who depend on the courts to be fair.

When courts are able to operate independently, they provide stability. They resolve disputes peacefully, safeguard rights and ensure that the rule of law — not individual preference — guides outcomes. But when that independence is misunderstood or called into question, confidence in the system can begin to erode.

Much of the judiciary’s work happens outside the public eye. In courtrooms across Arizona, judges are deciding cases involving families, businesses, and communities—matters that are often deeply personal and consequential. The process is careful and deliberate, and over time,  that careful deliberation and adherence to the law is what builds trust.

Not every decision will be popular. That is not the measure of a court’s success. What matters is that decisions are made through a fair, impartial and principled process. That is what allows people to accept outcomes, even when they disagree.

Law Day gives us an opportunity to reflect on these principles. In a fast-moving and often polarized environment, it is easy to lose sight of what makes our system work. It is not just elections or public debate — it is a shared commitment to the rule of law.

And that responsibility belongs to all of us.

The more we understand how courts function — and why their independence matters — the stronger our system will be. These are not abstract ideas. They shape our rights, our institutions and the way we resolve conflict in a democratic society.

That is one reason I joined the nonpartisan civic education efforts of Keep Our Republic’s Alliance of Former Chief Justices, working to help Americans better understand the judiciary’s role and the importance of maintaining its independence.

As we observe Law Day, it is worth returning to that foundational principle: the strength of our Republic depends not only on the ideals we express, but on our willingness to uphold them — consistently and collectively.

Rebecca Berch served as Chief Justice of the Arizona Supreme Court from 2009-2014 and served on the Arizona Supreme Court from 2002-2015. She is a member of Keep Our Republic’s Alliance of Former Chief Justices, which advocates in support of the rule of law. 

Subscribe

Get our free e-alerts & breaking news notifications!

You don't have credit card details available. You will be redirected to update payment method page. Click OK to continue.