Rare: Barrett and Kagan Deliver Warning to Congress About Judicial Safety

Supreme Court Justices Make Rare Appearance Before Congress, Warn of Rising Threats and Security Risks

Two U.S. Supreme Court justices delivered an unusual message to Congress on Tuesday: the nation’s highest court is facing a growing wave of threats, and protecting justices and their families has become an increasingly urgent concern.

In a rare appearance on Capitol Hill, Justices Amy Coney Barrett and Elena Kagan testified before congressional appropriators while seeking additional funding for the Supreme Court’s fiscal year 2027 budget. Much of the request focuses on expanding security following a sharp increase in threats directed at members of the Court.

Security Threats Continue to Rise

Barrett described the personal toll that heightened security concerns have taken on her family, telling lawmakers that one of her children questioned why she had to wear a bulletproof vest after threats escalated following major Supreme Court decisions. She also recounted a recent “swatting” incident at her home, in which a false emergency report prompted a heavy police response.

Kagan said threats against federal judges and Supreme Court justices are expected to increase significantly this year after already rising the previous year. She warned that judges cannot effectively perform their constitutional duties if they or their families fear for their safety.

Budget Request Centers on Protection

The Supreme Court is requesting approximately $228 million for its 2027 budget, with millions earmarked specifically for expanded security measures. The proposal includes hiring additional protective agents, increasing Supreme Court police staffing, improving emergency response capabilities and strengthening cybersecurity.

Lawmakers from both parties acknowledged concerns about the increase in threats, which have intensified in recent years following several high-profile and politically divisive Supreme Court rulings. The Court has experienced incidents ranging from online harassment and swatting to an attempted attack on a justice’s home in 2022.

Ethics Questions Also Surface

Beyond security, lawmakers questioned the justices about ethics and public confidence in the Court.

Kagan expressed support for exploring an independent process to help enforce judicial ethics rules, arguing that additional accountability could strengthen public trust. Barrett was more cautious, raising concerns about how such a system might affect the Court’s constitutional independence.

The discussion comes as the Supreme Court continues to face public scrutiny over ethics standards, even after adopting its first formal code of conduct in recent years. Critics have argued the code lacks an independent enforcement mechanism.

Rare Bipartisan Appearance

Supreme Court justices seldom testify before Congress, making Tuesday’s hearing an uncommon public appearance.

Although Barrett, a conservative appointee, and Kagan, a liberal appointee, often disagree on legal rulings, both presented a united message that the safety of judges should not become a partisan issue. They emphasized that protecting the judiciary is essential to preserving an independent court system capable of deciding cases without intimidation or fear.

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