Supreme Court Justices Testify on Capitol Hill

For the first time in seven years, two Supreme Court justices, Elena Kagan and Amy Coney Barrett, appeared before lawmakers on Capitol Hill to discuss the court’s budget request for the upcoming year.

The Supreme Court’s budget has experienced a significant increase in recent years, primarily due to the rise in threats to the justices’ safety. In 2016, Republican Darrell Issa and Democrat Elijah Cummings pushed for the court to enhance its security after the death of Justice Antonin Scalia, who died in his sleep while on a hunting trip with no nearby security to respond quickly.

A Growing Concern

Before this push, the justices had relatively little to no security. They drove their own cars, went to the movies, and shopped at supermarkets unaccompanied, and even traveled privately without security. However, the exponential growth in threats has led to significant changes in the court’s security measures, including funding for additional cybersecurity measures.

Justice Kagan emphasized that the court’s budget of $207 million is extremely modest, accounting for only one-tenth of 1% of the entire federal budget.

Personal Experiences

Justice Barrett shared personal anecdotes to illustrate the impact of these threats. She recounted the day she brought home a bulletproof vest and had to explain it to her 12-year-old son, who was standing in the doorway of her bedroom. She also described a recent incident where her house was swatted, with local police responding to a fake emergency call, but fortunately, her Supreme Court detail was present to prevent any invasion.

Several committee members asked about the Supreme Court’s ethics requirements, highlighting that members of Congress and the executive branch are limited to gifts under $50, while the Supreme Court has no such limit. Democratic Congresswoman Rosa DeLauro expressed her support for a bill that would ban most gifts and called for an enforcement mechanism for the court’s ethics rules.

Justice Kagan favored an enforcement mechanism but noted that creating such a system is challenging, as it would require a panel of distinguished retired judges to enforce the court’s ethics code. However, Justice Barrett raised concerns about who would select the judges and how the panel would be comprised.

Intimidation and Independence

When asked about the broader political climate, particularly President Trump’s reaction to the court’s recent rulings, Justice Kagan cited the chief justice’s 2025 year-end report, stating that criticism is fair game but intimidation is a different matter entirely. When political figures try to intimidate judges, that’s where they have crossed a line.

There was also a discussion about the court’s emergency docket, which will be further explored in tomorrow’s Morning Edition.

As the Supreme Court continues to face growing threats, the justices’ safety and security measures remain a pressing concern. The court’s budget request for the upcoming year will likely be closely scrutinized by lawmakers, who will need to balance the need for security with the importance of maintaining the court’s independence.

The court’s police force has experienced a 38% annual increase in threats this year, as stated by Justice Elena Kagan during the congressional testimony. This highlights the need for continued support and funding to ensure the justices’ safety and security.