By John Kruzel and Andrew Chung
WASHINGTON, July 14 (Reuters) – U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan will testify before Congress on Tuesday as the court seeks a roughly 10% annual budget increase to bolster security amid rising threats against judges.
The appearances, before appropriations subcommittees of the House of Representatives and Senate, are the first by sitting justices before Congress since 2019, excluding Senate confirmation hearings for nominees.
In that time, the court’s 6-3 conservative majority has reshaped U.S. law with landmark rulings on abortion, presidential power and other contentious issues, while facing sustained ethics scrutiny and a decline in public approval.
Two weeks ago the Supreme Court ended a nine-month term highlighted by legal disputes involving President Donald Trump and his administration. The court has backed major elements of Trump’s expansive use of executive authority.
RISING THREATS AGAINST FEDERAL JUDGES
According to data from the U.S. Marshals Service, nearly 400 judges faced threats last year and 276 have been targeted this year as of July 1.
Barrett, one of Trump’s three conservative appointees, and Kagan, one of three liberal justices, are expected to defend the court’s nearly $230 million request for the next fiscal year, a roughly 10% increase from this year.
More than $14 million would go toward expanding the Supreme Court Police Department’s “protective activities for justices’ residences and families,” according to the Administrative Office of the U.S. Courts, the judiciary’s administrative arm.
The court asks Congress for money every year to support its operations but the justices don’t always appear in person to testify about these requests.
‘IT’S GOT TO STOP’
In March, Chief Justice John Roberts said hostility directed in personal terms at judges is “dangerous and it’s got to stop,” commenting just days after Trump issued a social media broadside against judges who ruled against him and his administration.
Roberts’ remarks followed his 2024 end-of-year report highlighting “a significant uptick in identified threats at all levels of the judiciary” over recent years.
In one of the most high-profile incidents, a California resident appeared near Justice Brett Kavanaugh’s Maryland home in 2022 armed with a handgun. Sophie Roske pleaded guilty to attempted assassination and was sentenced last year to eight years in federal prison.
Since 2019, the conservative majority has overturned precedents long cherished by American liberals, including the 1973 Roe v. Wade decision that had recognized a constitutional right to abortion.
Amid ethics scrutiny, the Supreme Court in 2023 adopted its first code of conduct, though critics said it lacked meaningful enforcement because it left recusal decisions to the justices themselves and created no enforcement mechanism.
Questions have persisted over the conduct of some justices, including Justice Samuel Alito and Justice Clarence Thomas.
Alito told the New York Times that an upside-down U.S. flag displayed outside one of his homes after the 2020 election was placed there by his wife during a dispute with a neighbor over a sign on the neighbor’s lawn critical of then-President Trump.
The inverted flag became a symbol of protest by Trump supporters as he sought to overturn his 2020 loss to Democrat Joe Biden with false claims of widespread voting fraud.
Thomas has defended his not disclosing luxury trips paid for by Republican megadonor Harlan Crow, saying he believed they qualified as exempt “personal hospitality,” and has described the omission of a real estate transaction involving Crow from disclosure forms as inadvertent.
(Reporting by John Kruzel and Andrew Chung; Editing by Howard Goller)
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