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Threats drive security push
Supreme Court justices Elena Kagan and Amy Coney Barrett urged Congress to provide additional funding for Supreme Court security as they face a rise in threats, with Kagan warning that the "threats have come very close" for some members of the high court.
The justices made rare back-to-back appearances before House and Senate subcommittees to testify about the Supreme Court's budget request for the next fiscal year that begins Oct. 1, and the court sought more than $228 million from congressional appropriators.
Part of that request includes an additional $14.6 million to expand security for the justices provided by the Supreme Court Police, which would allow for an additional six agents per member of the court, according to budget documents.
Kagan told lawmakers that the Supreme Court Police is anticipating a 38% increase in threats for 2026, and she said for federal judges there was a 57% rise in "security incidents of significant concern" in fiscal year 2025.
In the same testimony, Kagan said each justice is currently assigned between four and eight officers as part of their security details, but that may increase if a member of the court is facing a particular threat or participating in more public events.
Barrett describes swatting
Justice Amy Coney Barrett recounted a recent "swatting" incident at her home in testimony before Congress as the Supreme Court sought additional funds to combat a rise in security threats.
Barrett confirmed details of the incident that took place in May at her home in Fairfax County, Virginia, saying, "One of my teenage sons opened the door to go out with friends and saw in our street, it was full of police cars" after a false report.
She said she was "very, very grateful" that she had Supreme Court police outside her home because they were able to stop and meet with county police so that police did not actually attempt to enter her home.
In the same hearing, Rep. Dave Joyce of R-Ohio said, "Whatever one’s view of the specific Supreme Court ruling, judicial officers, up to and including the justices of the Supreme Court, must be able to do their jobs without fear for their safety or their family’s safety," while Rep. Steny Hoyer of D-Md. said, "Congress must provide sufficient funding to ensure the safety of all judicial personnel."
The testimony also tied the security request to the broader threat environment described by the justices, including that the court is seeking $228.4 million, an increase of $20.5 million over the previous fiscal year.
Ethics and emergency docket
Beyond security, lawmakers pressed the justices on ethics and transparency, including questions about whether Congress should play a greater oversight role over a branch of government that has traditionally kept Capitol Hill at a distance.
Kagan said criticism of the court's rulings is "fair game," but warned, "intimidation is a different thing entirely," as she argued that political figures trying to intimidate judges and justices to do things they like rather than what they do not like had crossed a line.
Barrett and Kagan also addressed the court’s ethics code, with Barrett saying, "I regard the ethics code as more than aspirational. I consider it binding on me," while Kagan said she supports an enforceable ethics code but called it a "difficult question" about who would control enforcement.
The hearings also returned to the court’s emergency docket, with Kagan noting that the court has tried to provide more transparency and saying, "I think over time we have at least tried to do better in important cases," while the court’s emergency process has been described as known as the "shadow docket."
In a separate line of questioning about the security request, the court’s funding plan included travel when the justices are outside the Washington, D.C., region and expanded security staffing, as the justices sought to address threats that Kagan said are expected to rise.
