The Supreme Court's two most ideologically opposite justices are heading to Capitol Hill this week to make an urgent pitch: Congress needs to open its wallet for protection.
Elena Kagan and Amy Coney Barrett will testify separately before House and Senate appropriations panels on Tuesday, their first appearance in front of lawmakers in seven years. The justices are seeking $228.4 million for the court's next fiscal year, a jump of $20.5 million, with much of that targeted at beefing up security in response to a documented spike in threats and violent incidents targeting federal judges.
The numbers tell the story. The Marshals Service logged 370 threats against federal judges in the fiscal year that began in October. Chief Justice John Roberts wrote in his 2024 annual report that threats have tripled over the past decade. Justices themselves have become targets: Barrett experienced a swatting incident in May, when someone made a false call to police claiming violence at her home. The tactic, which floods emergency responders with bogus emergency reports, has become a recurring form of harassment against judges nationwide.
"For some of us, those threats have come very close, and all of us live with the knowledge that they may again materialize," Kagan said in prepared remarks. She emphasized, though, that "all members of the Court continue to do their jobs as they believe legally right, adjudicating cases without fear or favor."
Of the $20.5 million increase, $14.6 million would go toward expanding the Supreme Court's police department and site security. The police force recently took over protection duties at justices' homes, a responsibility the Marshals Service had handled since beefing up operations in 2022 following the leak of the draft opinion on abortion rights that eventually became the Dobbs decision.
Another $6.5 million is earmarked for a new visitor screening facility, while $2.3 million targets cyber threats. Overall, the court projects spending $40 million on physical security and $18 million on cybersecurity.
The request has rare bipartisan support. Rep. Dave Joyce, the Ohio Republican chairing the House subcommittee, framed it plainly: "Whatever one's view of the specific Supreme Court ruling, judicial officers, up to and including the justices of the Supreme Court, must be able to do their jobs without fear for their safety or their family's safety." Rep. Steny Hoyer, the senior Democrat on the panel, agreed, saying Congress must ensure adequate funding for all judicial personnel.
The timing underscores the severity of recent incidents. In October, Sophie Roske was sentenced to eight years in prison after being apprehended near Justice Brett Kavanaugh's home carrying a gun. On Monday, Capitol Police arrested a man with a firearm at a Capitol barricade after he asked for directions to the Supreme Court building.
These appearances represent a significant break from tradition. Tuesday marks the first House testimony by any Supreme Court justice since 2019. No justice has spoken before the Senate since 2011. The length of the gap reflects how rarely the justices engage directly with Congress on budgetary matters, making this week's hearings unusual and symbolic of how urgent the security issue has become.
Author Sarah Mitchell: "The fact that Kagan and Barrett are going together says everything about how serious the court views this threat. When the most ideologically opposed justices agree on something, Congress should listen."
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