Supreme Court Justices Elena Kagan and Amy Coney Barrett on Tuesday testified before Congress, detailing a rise in threats against the court and federal judges and requesting a significant budget increase to bolster security measures.
Kagan and Barrett appeared before a House Appropriations subcommittee, marking the first time sitting justices have testified before Congress since 2019. They are seeking an approximate 10% annual budget increase, which amounts to roughly $14 million, to address what Kagan described as "constant" threats. This increase would expand security personnel for each justice by six agents and enhance cybersecurity efforts. The court's security team anticipates a 38% rise in threats this year, with expenses having increased an average of 15% annually over the past five fiscal years.
Barrett recounted personal threats, including a "swatting" incident at her home approximately six weeks prior that involved her teenage son. She also described being sent home with a bulletproof vest around the time of the 2022 leak of the draft opinion in Dobbs v. Jackson Women’s Health Organization. "I didn’t expect that performing this service was going to put me in the position of explaining to my children what a bulletproof vest was and why I had to wear one," Barrett stated.
The justices also highlighted threats faced by other federal judges, including anonymous pizza deliveries to their homes, often using the name of the late son of New Jersey Judge Esther Salas, who was fatally shot in 2020. Barrett noted the necessity of the security enhancements for daily activities.
Later that day, Kagan and Barrett presented their budget request to a Senate Appropriations subcommittee. Senators Susan Collins (R-Maine) and Jack Reed (D-R.I.) voiced their disapproval of public officials contributing to the threats against the court. Reed specifically pointed to President Donald Trump, who has referred to the Supreme Court as a "weaponized and unjust Political Organization" following recent rulings against him.
Kagan agreed that such rhetoric is "dangerous" and "not appropriate," differentiating between fair criticism and intimidation. "When political figures of any stripe are trying to intimidate judges and justices to do things that they like, rather than the things that they don’t, that’s where we really have crossed the line," she said.
Beyond physical security, the court's budget request includes funding for enhanced cybersecurity. Kagan explained that a rise in online threats and data leaks compromises confidential communications essential to the court's deliberations. "If you think that those views are going to appear on the front page of a newspaper, you pull back. You don’t have the kinds of conversations that I think the court really depends on to do great work," she said.
Barrett emphasized the need to hire 12 new cybersecurity experts to combat over 200 million attempted breaches of the court's system. She warned of the potential compromise of confidential information, witnesses, and even national security.
Kagan expressed surprise at the court's resilience against such attempts, citing the intense interest from various parties, including those with financial stakes and foreign nations, in accessing the court's opinions before public announcement. The investigation into the 2022 Dobbs leak remains ongoing with no known source identified.