AG Steve Marshall calls on Merrick Garland to enforce law prohibiting efforts to intimidate Supreme Court Justices

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Alabama Attorney General Steve Marshall Mickey Welsh/The Montgomery Advertiser via AP)

Alabama Attorney General Steve Marshall is calling on U.S. Attorney General Merrick Garland to enforce federal law against attempts to intimidate U.S. Supreme Court Justices by protesting outside the Justices’ homes.

Marshall spearheaded a letter co-signed by 23 other state attorneys general demanding that Garland take action to protect Supreme Court Justices who are increasingly the target of groups of protestors gathering outside the Justices’ homes. On Monday, the Senate passed legislation to beef up security for Supreme Court justices, as the court deliberates abortion access and whether to overturn the landmark Roe v. Wade decision.

The letter states, “Following last week’s leak of a draft opinion in Dobbs v. Jackson Women’s Health Organization, pro-abortion activists have begun protesting not just outside the Supreme Court, but outside the Justices’ homes, in the hope of pressuring the Justices to change their votes. As a former federal judge and the current head of the Department of Justice, you must surely appreciate the unique risks to both judges and the rule of law when judges are targeted at their homes. That is why Congress has long barred ‘picket[ing]or parad[ing]’ near a judge’s home ‘with the intent of interfering with, obstructing, or impeding the administration of justice.’  We the undersigned Attorneys General act daily to uphold the rule of law. These remarkable recent events provide you an opportunity to do the same.”

The attorneys general argued that Garland was not shy about using his authority to address parents voicing their opinions to school boards.  Yet, when U.S. Supreme Court Justices and their families are being illegally harassed at their homes, he has remained silent.

“You were quick to respond to the purported ‘threat’ of parents speaking out at local school board meetings (though the basis for your threat assessment was shaky to say the least).  Here, in the face of escalating extremism directed at the judicial branch, you have an obvious role to play,” the letter states.

“Congress recognized that pressuring judges to change their votes by protesting outside their homes directly threatens the rule of law. You profess to share those concerns, having unequivocally stated that attacking a courthouse ‘to prevent judges from actually deciding cases’ plainly constitutes ‘domestic extremism, domestic terrorism.’ You can and should act accordingly by faithfully executing federal law to prevent protestors from attempting to intimidate the Justices of the Supreme Court, both to protect the Justices and to safeguard the rule of law.”

Attorney General Marshall was joined by attorneys general from Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.