Senators Introduce Bill to Protect Supreme Court Justices

After an escalation in political violence over the past several years, including protesters at the homes of Supreme Court justices, several United States senators introduced legislation on Wednesday to increase the penalties for those that threaten federal judges, including Supreme Court justices. 

The bill, sponsored by Sen. Marsha Blackburn, R-Tenn.; Sen. Ted Cruz, R-Texas; Sen. Mike Lee, R-Utah; and Sen. Cindy Hyde-Smith, R-Miss.; and Sen. Tom Cotton, R-Ark., would increase the maximum penalty for violating 18 U.S.C. § 1507 from one year to five years. 

One can be prosecuted under Section 1507 if he or she “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.” Violators of the statue also risk facing criminal monetary penalties. 

“Supreme Court Justices must be able to do their jobs without fear of intimidation, harm, or violence against them or their families,” Blackburn said in a press statement. “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.”

“No member of the Court should fear for their or their family’s safety while carrying out their constitutional duty,” said Cruz in a statement.

“Supreme Court Justices have faced a disturbing number of threats seeking to change the outcomes of cases for political ends,” said Lee in a statement. “This assault on the rule of law and an independent judiciary cannot stand. Congress must be crystal clear: attempting to intimidate justices and their families will land you in prison for a long time.”

The legislation comes as the justices and other federal officials are increasingly under threat. In June 2022, a Nicholas Roske traveled to Justice Brett Kavanaugh’s neighborhood in an assassination attempt on the conservative justice. The man had planned to “break in, shoot him and then shoot myself.” He was only deterred because his sister was able to persuade him to turn himself in instead.

In March 2020, then-Senate Majority Leader Chuck Schumer, D-N.Y., had threatened Kavanaugh and Justice Neil Gorsuch, both appointed by President Donald Trump, on the steps of the Supreme Court. 

“I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind and you will pay the price!” Schumer exclaimed. “You won’t know what hit you if you go forward with these awful decisions!” The context of comments was an abortion rally.

After Roe v. Wade was overturned, extreme left wing activists began to protest the residences of justices on the Court, and a map with the addresses of five conservative justices’ residences was posted online. None of the protesters were charged by the Justice Department under then-President Joe Biden with violating the section. 

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