Texas Border Business
WASHINGTON, D.C. – U.S. Sens. Ted Cruz (R-Texas), Marsha Blackburn (R-Tenn.), Mike Lee (R-Utah), Cindy Hyde-Smith (R-Miss.), and Tom Cotton (R-Ark.) introduced the Protecting Our Supreme Court Justices Act. The bill increases the maximum term of imprisonment for those who attempt to intimidate and influence the decision-making process of a judge.
Upon introduction, Sen. Cruz said, “The integrity of our judicial system is dependent on justices being able to interpret the law freely and impartially. I am proud to join my colleagues in re-introducing the Protecting Our Supreme Court Justices Act to ensure that those who attempt to coerce or intimidate Supreme Court justices face penalties for interfering in the administration of justice. No member of the Court should fear for their or their family’s safety while carrying out their constitutional duty.”
Sen. Blackburn said, “Supreme Court Justices must be able to do their jobs without fear of intimidation, harm, or violence against them or their families. 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.”
Sen. Lee said, “Supreme Court Justices have faced a disturbing number of threats seeking to change the outcomes of cases for political ends. 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.”
Sen. Hyde-Smith said, “It is essential that the judicial branch be able to perform its duties free from threats, fear, intimidation, or coercion. Threats and protests against Supreme Court justices and federal judges are blatant attempts to undermine their independence. I’m proud to once again support this legislation that sends a crystal clear message that these actions will not be tolerated and those responsible will face serious legal consequences.”
Sen. Cotton said, “Supreme Court Justices continue to be a target of politically motivated violence and threats of violence. This bill makes clear that anyone who engages in this unlawful activity will face the full extent of the law.”
Read the bill text here.
BACKGROUND
Introduction of this bill follows a recent report detailing new and concerning information about a suspect who hatched a plan to kill Justice Brett Kavanaugh. Prior to the Dobbs v. Jackson Women’s Health Organization decision, then-Senate Majority Leader Chuck Schumer (D-N.Y.) attempted to intimidate Justices Neil Gorsuch and Brett Kavanaugh by name on the steps of the U.S. Supreme Court.
In the aftermath of the unprecedented May 2022 leak of the draft opinion in Dobbs v. Jackson Women’s Health Organization, far-left protesters immediately began demonstrating outside of the private residences of Supreme Court Justices. Subsequently, a map with the home addresses of five Republican-appointed Justices—Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett—was posted online.
Federal law explicitly prohibits attempts at influencing the decision-making process of a judge. Specifically, 18 U.S.C. § 1507 states that any individual who, “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” is subject to criminal monetary penalties or a maximum of one year of imprisonment, or both. Section 1507 was intended to enable our judges to carry out their duty to uphold the rule of law, without fear of intimidation or retribution for doing so.
Under President Biden and Attorney General Garland, following the Dobbs leak, zero protesters outside of Supreme Court Justices’ homes were arrested for violating Section 1507. Just as troubling, the Biden Department of Justice did not issue any guidance on enforcing this statute. The Supreme Court Marshal, as well as Virginia Governor Youngkin and then-Maryland Governor Hogan, implored Attorney General Garland to enforce Section 1507.
With President Trump back at the helm, the Justice Department will finally return to focusing on law and order and enforcing our criminal laws. Nevertheless, it’s still critical that Congress act to deter this intimidation of our federal judiciary.
