Supreme Court Justices Elena Kagan and Amy Coney Barrett made a rare appearance before Congress on Tuesday to advocate for enhanced security measures for the Supreme Court, citing a significant increase in threats against the justices. The hearing, the first of its kind since 2019, also saw the justices field questions regarding the court's transparency and ethics.
The justices are seeking a budget of $228 million for the upcoming fiscal year, a 10% increase from the previous year, with the majority of the funds allocated to bolstering personal protection for the justices. Additional requests include funding for more building security officers, an off-site security office, and new cybersecurity personnel.
The court's police reported that threats against justices have risen by 38% in the past year and 25% the year before. Justice Barrett shared a personal account of the heightened threat environment, recounting how she brought a bulletproof vest home following the leak of the opinion overturning Roe v. Wade, a precaution she found difficult to explain to her young son. She also confirmed a recent swatting incident targeting her home, where her teenage son encountered law enforcement responding to a false emergency call.
These incidents echo past security concerns, including a 2022 event where a man with intent to assassinate Justice Brett Kavanaugh approached his home shortly after the Dobbs opinion leak. Currently, each justice is assigned between four and eight agents, a number that fluctuates based on their schedules and public scrutiny. The proposed budget includes $14.6 million to hire six additional agents per justice, totaling 54 new officers, and 25 officers dedicated to the Supreme Court building.
Justices argued that the current staffing levels are insufficient and contribute to burnout. Justice Barrett noted that the same security detail often provides late-night drop-offs and early-morning arrivals, highlighting the strain on personnel.
The court is also requesting $6.5 million for the design of an "exterior visitor screening facility," aimed at establishing an off-campus process for screening individuals before they enter the building. Justice Kagan addressed the proposal, expressing concern about visitors entering the building without prior screening.
Beyond physical security, the justices acknowledged evolving threats, including drones and cyber warfare. Justice Barrett stated that drone mitigation measures are being considered and that cybersecurity attacks are increasing significantly each year. The court has requested $2.3 million for cybersecurity hires as part of a long-term plan to protect its data and technology infrastructure.
During the hearing, Democratic lawmakers raised concerns about the court's transparency and ethics. Representative Rosa DeLauro, the top Democrat on the House Appropriations Committee, questioned the justices on their ethical practices, referencing recent ethics controversies involving Justices Clarence Thomas and Samuel Alito. DeLauro advocated for a gift ban, citing a bill that would prevent justices from accepting gifts exceeding $50.
On the subject of the court's code of conduct, adopted in 2023, Justice Kagan expressed support for an independent enforcement mechanism, stating it would be beneficial for public confidence, while Justice Barrett was hesitant. Kagan remarked that while her colleagues are taking the code seriously, an enforcement mechanism would enhance the court's credibility.