Reps. David Kustoff (R-TN), Michael McCaul (R-TX), and Brandon Gill (R-TX) have put forward a new bill in the House of Representatives aimed at increasing protection for Supreme Court Justices. The legislation, titled the Protecting Our Supreme Court Justices Act, seeks to raise the maximum imprisonment term for those trying to intimidate or sway Supreme Court decisions from one year to five years.
“Anyone who intimidates or threatens a Supreme Court Justice should face severe consequences under the law,” stated Congressman Kustoff. According to Kustoff, this bill is crucial to maintaining the integrity of the judiciary and safeguarding justices from external pressures. The bill has received backing in the Senate with a companion bill introduced by Senators Marsha Blackburn (R-TN), Ted Cruz (R-TX), Mike Lee (R-UT), Cindy Hyde-Smith (R-MS), and Tom Cotton (R-AR).
Senator Blackburn remarked, “Supreme Court Justices must be able to do their jobs without fear of intimidation, harm, or violence against them or their families.” She continued, “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.”
The initiative follows the controversial leak of a draft opinion from the Dobbs v. Jackson Women’s Health Organization case in May 2022. This leak prompted protests outside the homes of five Supreme Court Justices, Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, leading to raised concerns over judicial intimidation.
Current federal law, as defined in 18 U.S.C. § 1507, criminalizes efforts to influence a judge’s decision-making, placing restrictions on demonstrations near judges’ residences. However, according to proponents of the new bill, enforcement under President Joe Biden’s administration has been lacking. No arrests were made under this statute during protests following the Dobbs leak. Congressman Kustoff emphasized the importance of this legislative step to deter future intimidation of the judiciary.
The Act proposes to increase the maximum term of imprisonment for violations of Section 1507 from one year to five years.
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