Supreme Court Justices Amy Coney Barrett and Elena Kagan appeared before Congress on Tuesday (July 14) in a rare public hearing, urging lawmakers to increase security funding for the nation’s highest court. The testimony comes amid a sharp rise in threats against justices and their families, marking the first time since 2019 that sitting Supreme Court justices have testified outside of confirmation hearings.

Justice Barrett delivered a personal account of the growing dangers, citing a recent swatting attempt at her home and an incident where she was issued a bulletproof vest due to “particularly intense” threats. “I didn’t expect that performing this service was going to put me in the position of explaining to my children what a bulletproof vest was and why I had to wear one,” Barrett told the House Appropriations Subcommittee on Financial Services and General Government. She also described how one of her teenage sons opened the door during a police response to a false report of gunfire, finding their street full of police cars.

Justice Kagan echoed these concerns, highlighting that “threats against members of the high court have come ‘very close indeed,’” and noted a projected 38% increase in threats this year on top of last year’s 25% jump. Kagan emphasized that the court’s budget growth has been driven almost entirely by the need for enhanced security, including larger personal details, residential protection, and cybersecurity measures.

The judiciary has requested nearly $921 million for security across all federal courts, with about $15 million earmarked specifically to bolster Supreme Court police protection for justices and their families at home. Another $6 million is planned for new security screening facilities at the Supreme Court building itself.

Both justices also faced questions from lawmakers about the Supreme Court’s code of ethics, which was adopted in 2023 but has been criticized for lacking enforcement. Justice Kagan said, “I think that we would be better off with an enforcement mechanism,” adding that it should come from within the judiciary to maintain independence. Justice Barrett expressed reservations, stating, “I’m less certain,” but affirmed her commitment to the code.

The hearing also touched on the court’s use of the emergency or “shadow” docket, with lawmakers questioning decisions that allowed Trump administration policies to proceed temporarily. Justice Kagan admitted there were sometimes issues with the court’s explanations of such orders, while Barrett noted the court is working to adapt to the increased volume and complexity of emergency requests.

Justices Barrett and Kagan stressed that despite heightened security risks, the court remains committed to impartial decision-making. The requested funding increase aims to address the evolving threat environment and ensure the safety of justices, their families, and the judicial process.

Congress is expected to review the Supreme Court’s fiscal year 2027 budget request in the coming weeks, with both Republican and Democratic lawmakers indicating support for additional security resources.

Thom Brennaman

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