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Two U.S. Supreme Court justices made a rare appearance before Congress on Thursday to ask lawmakers to authorize more funds for judicial protection, saying that threats against members of the nation's highest court continue to rise. Testifying before congressional budget panels, the justices said the growing number of threats against judges, their families and court personnel has created a more dangerous atmosphere that demands better protections. The proposal comes amid heightened public scrutiny and security concerns for judiciary after numerous high-profile court decisions.
The Supreme Court is requesting a greater budget for the next fiscal year, much of which will be used to expand security operations. The financial request is for more resources for the Supreme Court Police, greater residential protection, improved security infrastructure and expanded staffing to protect the judges and court staffers.
The money would assist ramp up defensive measures in the face of continued rise in threats against the federal courts, court officials said. The request reflects the Court's sense that security measures must be responsive to more complex and persistent dangers.
Justice Amy Coney Barrett and Justice Elena Kagan both spoke about the toll that mounting threats have taken on members of the court throughout the proceedings. Barrett recalled times when they had to take extra security steps – donning protective gear and responding to a phony emergency call at her home. "These kinds of situations have affected not only the justices, but their families as well," she said.
Kagan said he expects threats against Supreme Court justices to continue to rise substantially this year, following a trend of increasing threats in recent years. She told the legislature that a robust independent judiciary relies on judges being able to do their constitutional work without intimidation or violence.
Protecting judges was crucial to safeguarding judicial independence and the rule of law, the justices said. The courts must be immune from outside pressure, harassment and politically motivated intimidation in considering cases that often involve very contentious national issues, they said.
The proposed expenditure would enhance personal safety for justices, shore up courthouse security, boost cybersecurity capabilities and increase emergency response resources, court officials said. They said the investments were vital to ensure the judiciary could continue to operate safely and effectively.
While senators on all sides of the aisle expressed worries over judicial security, some members of Congress also voiced questions about Supreme Court ethics and transparency during the hearings. Discussions on judicial responsibility went on but the urgency to tackle the increasing security threats was apparent.
The justices said that funding for security and ethics reforms are separate concerns and that judges should continue to be protected from assault as a nonpartisan priority despite broader ideological disputes.
The Supreme Court's appeal comes as threats against federal judges and court employees across the country have surged. Judicial leaders have said harsh comments, politically laden cases and online harassment have combined to create a more dangerous security climate.
Legal experts believe the judiciary is facing unprecedented hurdles in balancing transparency and personal protection. As cases concerning elections, presidential power, immigration, civil rights and other sensitive issues continue to reach the courts, adequately protecting judges has become a rising national priority.
Congress will now evaluate the Supreme Court's budget request as part of the federal appropriations process. The conclusion will decide whether the judiciary gets more resources to strengthen security operations at a time when threats against judges continue. Court officials say protecting the nation's courts is essential to upholding the public's faith in the rule of law and allowing judges to carry out their constitutional obligations without fear or favor.
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