Senate Republicans, led by Sen. Marsha Blackburn (R-TN), have introduced the Protecting Our Supreme Court Justices Act, a bill designed to strengthen legal protections for Supreme Court justices against intimidation and threats.
The proposed legislation seeks to amend Section 1507 of the U.S. Code, increasing the mandatory minimum prison sentence for those found guilty of obstructing justice by picketing or demonstrating near court buildings or judges’ residences. If passed, the bill would raise the penalty from a maximum of one year in prison to a mandatory minimum of five years.
“Supreme Court justices must be able to do their jobs without fear of intimidation, harm, or violence against them or their families,” Blackburn stated. “This bill will send a clear message that such intimidation will not be tolerated.”
The legislation comes in response to a surge in threats against Supreme Court justices, particularly after the leak of the draft decision in Dobbs v. Jackson Women’s Health Organization, which ultimately overturned Roe v. Wade. Following the leak, pro-abortion activists published the home addresses of conservative justices, leading to protests outside their residences.
A particularly alarming incident involved a California man who was arrested and charged for attempting to assassinate Justice Brett Kavanaugh at his home. Additionally, Sen. Chuck Schumer (D-NY) was widely criticized for remarks directed at Justices Kavanaugh and Neil Gorsuch, warning they “won’t know what hit them” if they voted to overturn Roe v. Wade. Chief Justice John Roberts later rebuked Schumer’s statements as “dangerous.”
Despite these incidents, the Biden administration and then-Attorney General Merrick Garland declined to enforce existing laws prohibiting intimidation of justices. No protesters were arrested for violating Section 1507, despite repeated calls for action from state attorneys general, congressional Republicans, and law enforcement officials.
Sen. Ted Cruz (R-TX), a co-sponsor of the bill and former Supreme Court clerk, emphasized the need for stronger legal deterrents. “The integrity of our judicial system depends on justices being able to interpret the law freely and impartially,” Cruz said. “No justice should fear for their or their family’s safety while carrying out their constitutional duty.”
With President Donald Trump back in office, Republicans argue that the Department of Justice will refocus on law and order. However, lawmakers insist that additional legislative measures are necessary to ensure justices can perform their duties without fear of intimidation.
The Protecting Our Supreme Court Justices Act now awaits further consideration in the Senate. If passed, the bill would mark a significant step toward reinforcing judicial independence and upholding the rule of law.