Republican senators introduce bill to protect U.S. Supreme Court justices

By Bethany Blankley
The Center Square

Republicans in the U.S. Senate, led by Sen. Marcia Blackburn, R-Tenn., filed a bill to increase protections for U.S. Supreme Court justices.

The Protecting Our Supreme Court Justices Act would amend Section 1507 of U.S. Code to increase the mandatory minimum prison sentence from one year to five years for those charged with obstruction of justice by picketing or parading in or near court buildings or residences of judges, jurors, witnesses or other court officers. This includes those who attempt to intimidate and influence the decision-making process of judges.

Federal law states that anyone who, “with the intent of influencing any judge . . . in the discharge of his duty, pickets or parades ... in or near a building or residence occupied or used by such judge,” is subject to criminal monetary penalties or a maximum of one year in prison or both. Section 1507 was enacted to ensure judges carry out their duties without fear of intimidation or retribution for doing so.

“Supreme Court Justices must be able to do their jobs without fear of intimidation, harm, or violence against them or their families,” Blackburn said. “The Protecting Our Supreme Court Justices Act will deter intimidation of our Justices and send a clear message that anyone who attempts to harm them will be punished to the fullest extent of the law.”

Under the Biden administration, threats to judges and Supreme Court justices increased at an unprecedented level after a draft decision was leaked in the case Dobbs v. Jackson Women’s Health Organization to overturn the landmark abortion ruling, Roe v. Wade. Pro-abortion activists published a map online and on social media of the home addresses of five Republican appointed Justices: Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas.

Attacks were made against Thomas, including assassination threats. Thomas warned that the U.S. was “in danger of destroying the institutions that are required for a free society. You can’t have a civil society, a free society without a stable legal system,” The Center Square reported.

A California man also devised a plan to break into Kavanaugh’s home and kill him. He was arrested and charged.

Former Senate Majority Leader Chuck Schumer, D-N.Y., also threatened Gorsuch and Kavanaugh on the steps of the U.S. Supreme Court, saying, they “won’t know what hit them” if they voted to overturn Roe v. Wade. “I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price," he said.

In response, Roberts issued a rebuke, stating, "Statements of this sort from the highest levels of government are not only inappropriate, they are dangerous."

Twenty-five state attorneys general also called on then U.S. Attorney General Merrick Garland to enforce Section 1507. The Supreme Court Marshal, Virginia Gov. Glenn Youngkin and then-Maryland Gov. Larry Hogan did the same, to no avail.

Garland took no action. Not a single protester outside of the justices’ homes was arrested for violating Section 1507.

As activists continued to publish Republican-appointed justices’ home addresses, at least one group advertised paying individuals to allegedly stalk and harass them, prompting U.S. Sen. Ted Cruz, R-Texas, and others calling for their arrest and for the Biden administration to enforce the law.

As threats and a hostile environment against federal judges continued nationwide, Chief Justice Roberts also warned, "violence, intimidation, and defiance directed at judges because of their work undermine our Republic, and are wholly unacceptable," The Center Square reported.

U.S. Sen. Ted Cruz, a former Supreme Court clerk, cosponsored the bill, saying, “The integrity of our judicial system is dependent on justices being able to interpret the law freely and impartially. … No member of the Court should fear for their or their family’s safety while carrying out their constitutional duty.

“With President Trump back at the helm, the Justice Department will finally return to focusing on law and order and enforcing our criminal laws. Nevertheless, it’s still critical that Congress act to deter this intimidation of our federal judiciary.”