This week, United States Supreme Court Justice Sonia Sotomayor reaffirmed during an interview with Maribel Pérez Wadsworth, presidente of the Knight Foundation, the role of the judiciary in protecting democracy and the need for the executive branch to respect constitutional limits. At one point in her speech, she clearly expressed: "The president is not an emperor," underlining the importance of the separation of powers and respect for the decisions of the courts.

During her presentation, Sotomayor reminded attendees that the nation's founders established a system of government that prevents excessive concentration of power in a single figure. “Our founders were emphatic that we would not have a monarchy,” The New York Times quoted in an extensive profile of the judge. Clearly, Sotomayor is convinced that the United States, from its founding, was a nation designed with a system of checks and balances that ensures that no branch of government acts without control.

In addition, she highlighted that Congress has the power to manage the country's budget and that the president must abide by the laws approved by legislators. “Congress has the power of the purse. “That is one of the ways in which institutional balances ensure that power is not concentrated in a single leader,” she said.

And the role of judges?

Sotomayor emphasized that judicial decisions must be respected and carried out by the executive branch: “Court orders have weight, and history has taught us that when a leader chooses to ignore them, democracy is at risk.”

He referred to the importance of the Marbury v. Madison (1803), which established the authority of the judiciary to review and nullify unconstitutional acts of the government. “The independence of the Supreme Court is fundamental to guarantee that the rights of citizens do not depend on the will of a single individual,” she pointed out.

Judges have become key actors during a government that has barely been in power for a month and that has already issued as many executive orders and decrees as the president orders so that his wishes are carried out. However, it has been the judicial system that has stopped a good part of these initiatives associated, for example, with nationality by birth, State cuts and diversity, equity and inclusion policies.

The judge also recalled moments in United States history where presidents have tried to challenge judicial decisions.She mentioned Abraham Lincoln and Andrew Jackson's conflicts with the Supreme Court, noting that resistance to judicial rulings is not a new phenomenon, but that democracy has survived thanks to the strength of its institutions.

“We have had moments in which the system has been tested, but our nation has understood that the rule of law is what has allowed us to maintain stability and freedom,” The New York Times resumed in its story about the judge.

In the current context, her statements become even more relevant due to the tensions between the executive and judicial branches. In particular, some advisers to President Donald Trump have suggested that certain Supreme Court decisions should not be binding on the president. Sotomayor firmly refuted those claims: “Supreme Court decisions are final. “They do not depend on the will of a single leader to be obeyed.”

The judge also addressed the role of citizens in protecting democracy, warning about the lack of civic education and the growing phenomenon of misinformation. “Information illiteracy is a danger. If we are not well informed, we run the risk of losing our freedoms,” she warned.

Finally, Sotomayor concluded her speech by reaffirming her commitment to the Constitution and the rule of law. “No matter who is in power, the law must prevail. The judges are here to make sure that this is the case,” she concluded.