Kustoff Introduces Bill to Protect Supreme Court Justices from Intimidation

WASHINGTON, D.C. — Reps. David Kustoff (R-TN), Michael McCaul (R-TX), and Brandon Gill (R-TX) introduced the Protecting Our Supreme Court Justices Act in the House of Representatives. This legislation will increase the maximum term of imprisonment for those who attempt to intimidate and influence the decision-making process of a Supreme Court Justice from one year to five years. 

"Anyone who intimidates or threatens a Supreme Court Justice should face severe consequences under the law," said Congressman Kustoff. "The Protecting Our Supreme Court Justices Act will increase the penalty for attempting to influence the decision making of a Supreme Court Justice. As a former United States Attorney, I believe it is essential to uphold the sanctity of our judicial system and protect our Supreme Court Justices from outside influence."

Senators Marsha Blackburn (R-TN), Ted Cruz (R-TX), Mike Lee (R-UT), Cindy Hyde-Smith (R-MS), and Tom Cotton (R-AR) introduced the companion bill in the United States Senate. 

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

Background: 
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 Joe 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. With President Trump back at in the White House, the Justice Department will finally focus on law and order. Nevertheless, it’s still critical that Congress act to deter this intimidation of our federal judiciary.

The Protecting Our Supreme Court Justices Act would increase the maximum term of imprisonment for violation of Section 1507 from one year to five years.

Click here for the full text of the bill. 
 

###