For decades, Supreme Court justices participated in annual appearances before Congress to address budgetary inquiries from lawmakers. This tradition lapsed following 2019, initially due to pandemic-related restrictions on in-person hearings and subsequently amid escalating tensions between the judiciary and the legislative branch.
In 2023, following scrutiny regarding justices’ acceptance of complimentary travel, Chief Justice John G. Roberts Jr. declined to meet with Congress to discuss the potential adoption of a new ethics code, citing concerns regarding the separation of powers.
However, on Tuesday, for the first time in seven years, Justices Elena Kagan and Amy Coney Barrett are scheduled to testify at the Capitol. They will present the court’s request for millions of dollars intended to bolster security measures at a time when threats against justices, their families, and other federal judges are on the rise.
The justices rarely appear in public and even less frequently face the direct or potentially hostile questioning common in congressional settings. The stakes are particularly high for Tuesday’s appearance by Justice Kagan, a liberal, and Justice Barrett, a conservative, as it follows a landmark term characterized by controversial rulings that may invite intense lawmaker scrutiny.
Recent decisions include a 6-to-3 ruling affirming Congress’s taxing authority by blocking sweeping tariffs on major U.S. trading partners, as well as a significant weakening of the Voting Rights Act, which has facilitated the redrawing of congressional maps in the South by Republican legislatures.
When the justices last testified about their budget in 2019, discussions covered a broad spectrum, including the possibility of televising oral arguments and the development of an ethics code.
Tuesday’s sessions before House and Senate subcommittees will focus on the court’s $228 million budget request for the fiscal year beginning October 1. The proposal seeks funding to expand the court’s police force, which manages 24-hour security for justices’ residences and provides protection during travel outside the Washington, D.C., area.
The request also includes resources for additional engineers and developers to defend against cyberattacks, along with millions of dollars for a regional command post to oversee the protection of justices’ homes.
Budgetary documents also highlight a $6.5 million allocation for the design of a new facility that would allow for visitor screening outside the building, mirroring the security setup implemented at the Capitol with its 2008 visitor center.
Protests at justices’ private residences intensified in 2022 following the leak of the draft opinion that overturned the nationwide right to abortion. That same year, an armed individual attempted to assassinate Justice Brett M. Kavanaugh at his home.
According to U.S. Marshals Service data, which oversees security for the federal judiciary, there were more than 600 threats directed at judges during the 2023 fiscal year, following the Supreme Court’s decision to overturn Roe v. Wade.
More recently, police reported that Justice Barrett’s home in Northern Virginia was the target of a “swatting” incident in May, where a false report of gunfire was used to trigger a law enforcement response.
While lawmakers have historically supported additional security funding for the Supreme Court on a bipartisan basis, Tuesday’s questioning is expected to move beyond financial and safety concerns.
In light of recent rulings, such as the decision granting former President Trump immunity for official acts, some Democrats have advocated for judicial reform. Various political figures and lawmakers have proposed measures including term limits for life-tenured justices and expanding the size of the bench to alter the current balance of the nine-member court, which currently holds a six-justice conservative majority.