On Monday, U.S. Senator Katie Britt joined Senator Marsha Blackburn and a group of nine additional Republican senators in introducing the Protect Our Supreme Court Justices Act, a bill to further protect Supreme Court Justices from intimidation and threats of violence.
The legislation is partially in response to threats and intimidation that the Justices received following the leaking of the Dobbs versus Jackson Women’s Health Organization decision overturning the controversial Roe versus Wade decision.
“Protesters attempting to influence judicial decisions through harassment, intimidation, or violence outside the homes of Justices and judges need to be held accountable to the fullest extent of the law,” Sen. Britt stated. “The rule of law cannot be replaced with mob rule in the United States. The integrity and effectiveness of our judicial system hinges on the ability of judges to impartially interpret the law and rule on the legal merits of cases without fearing retribution to themselves or their families. I’m proud to co-sponsor the Protecting Our Supreme Court Justices Act to ensure we have a strong deterrent that can keep our Justices, judges, and their families safe while safeguarding the rule of law.”
“As we saw last summer, the woke liberal mob will go to great lengths to target those they disagree with – even illegally intimidating Supreme Court Justices at their private residences,” said Sen. Blackburn. “It’s extremely concerning that none of these protesters have been arrested for breaking the law, and the DOJ has not issued any guidance on enforcing this statute. The Protecting Our Supreme Court Justices Act will deter intimidation of our Justices and send a message that the Biden administration has refused to send: Justices must be allowed to do their jobs without fearing for the safety of themselves or their families.”
The legislation will raise the maximum term of imprisonment for individuals who attempt to unlawfully influence the decision-making of a federal judge from one year to five years, creating a stronger deterrent amid increased threats against the Court.
Senators Britt and Blackburn were joined by Sens. Tom Cotton (R-Ark.), John Cornyn (R-Texas), Ted Cruz (R-Texas), Bill Hagerty (R-Tennessee), Josh Hawley (R-Missouri), Marco Rubio (R-Florida), Cindy Hyde-Smith (R-Mississippi), Roger Wicker (R-Mississippi), and John Boozman (R-Arkansas) in introducing the bill.
“Conservative Supreme Court justices are facing increasing protests from far-left extremists trying to intimidate or punish the justices for their decisions,” said Sen. Cotton. “This legislation will help protect all Supreme Court justices from threats of violence so they can do their jobs as impartial interpreters of the law.”
“Justices must be able to rule without fear of retribution or intimidation, and the politicization of our judicial branch is unacceptable and downright dangerous,” said Sen. Cornyn. “By increasing the maximum term of imprisonment for those attempting to influence judicial decision making, we can ensure Supreme Court justices can operate with impartiality and uphold the Constitution without worrying about their safety or that of their family.”
“I’ve been a passionate proponent of protecting our Supreme Court justices and their families from the coordinated campaign of harassment and intimidation following the Dobbs decision last year,” said Sen. Cruz. “Not a single one of those protestors have been prosecuted because President Biden’s attorney general disagrees with the Dobbs decision. I’m proud to join Sen. Blackburn and my colleagues in working to expand the consequences of breaking the law and trying to intimidate Supreme Court justices.”
“Protesting at the homes of Supreme Court justices and their families is an unlawful and dangerous intimidation tactic, as we’ve witnessed over the last year,” said Sen. Hagerty. “I’m pleased to join Senator Blackburn in working to stop this indefensible conduct.”
“The Biden administration has weaponized the judicial system for two years already,” said Sen. Hawley. “Making matters worse, when Republican-appointed Justices are under attack, this Department of Justice won’t defend them. It’s time for Congress to step into the breach.”
“Last summer, in an attempt to intimidate U.S. Supreme Court Justices from doing their job, progressive activists protested outside of their homes,” said Sen. Rubio. “We must ensure that Justices are able to carry out their duties without fear for their safety or that of their families. The Protecting Our Supreme Court Justices Act is a necessary step to deter intimidation and ensure that those who seek to influence the decision-making process of our Justices face the full force of the law.”
“There is no other way to view the threats and protests we’ve witnessed recently against Supreme Court justices and other federal jurists as anything other than attempts to influence their decisions through fear and intimidation,” said Sen. Hyde-Smith. “This legislation should not be needed to protect the judiciary, but it is. Enacting this bill will make it crystal clear to everyone that these threatening activities are illegal and will be punished.”
“Supreme Court justices should be able to carry out their duties without fear of intimidation,” said Sen. Wicker. “This legislation would help ensure their safety and protect our highest court.”
“Intimidating members of the judicial branch into ruling a certain way goes against everything our justice system and democracy were founded on,” said Sen. Boozman. “We cannot continue to let this behavior go unchecked or tolerate further targeted acts of violence and harassment. Our legislation prioritizes the safety of Supreme Court justices and their families and ensures accountability for those responsible for adopting such disturbing, lawless tactics.”
Federal law already explicitly prohibits protesting at the residence of a judge with the intent of influencing the decision-making process of a judge in a case. The protestors against the Dobbs decision outside of the Justices’ homes could have all been arrested and prosecuted, facing criminal monetary penalties or a maximum of one year of imprisonment, or both. But since they were political allies, the Biden administration ignored the law.
The U.S. Department of Justice, under the leadership of Attorney General Merrick Garland, has refused to arrest, charge, or prosecute any individuals who illegally protested outside of the homes of Supreme Court Justices in 2022.
The Protecting Our Supreme Court Justices Act:
· Increases the maximum term of imprisonment for violation of Section 1507 from one year to five years.
· Deters the intimidation of our Supreme Court Justices, especially at a time when the Biden DOJ refuses to enforce the law.
· Ensures that future administrations that are willing to enforce the law can send a strong message to these far-left protesters that Supreme Court Justices must be allowed to do their jobs without fearing for the safety of themselves or their families.
The Protecting Our Supreme Court Justices Act will likely have some difficulty reaching the Senate floor given that Democrats control the Senate and Senate Majority Leader Chuck Schumer is unlikely to bring up Republican legislation. Secondly, increasing the penalties for intimidating Supreme Court Justices does not mean that the DOJ will bring indictments against protestors that share the administration’s political views.
Britt was elected to the Senate in 2022.
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