Barrett, Kagan Warn of Growing Threats to Justices, Say Supreme Court Needs More Security

As House appropriators consider the budget for Supreme Court security and operations, Justice Amy Coney Barrett told members on Tuesday that in 2022 she had to take a bulletproof vest home due to “particularly intense” death threats.

Barrett and Justice Elena Kagan testified before the House Appropriations Subcommittee on Financial Services and General Government on Tuesday morning, ahead of a scheduled appearance Tuesday afternoon before a Senate Appropriations subcommittee. It’s the first time since 2019 that justices have testified before Congress.

Barrett noted security threats to justices after a draft opinion in the case of Dobbs v. Jackson Women’s Health Organization was leaked. The ruling returned abortion policy to the states and overturned Roe v. Wade.

“One example is when threats to my life were particularly intense a few years ago, around the time of the Dobbs leak, my security details sent me home with a bulletproof vest,” Barrett said. “My 12-year-old son was standing in the doorway of my bedroom, and I wanted to know what it was, and why I had it. I didn’t know how to respond, because maybe I lacked imagination. But I didn’t expect that performing this service was going to put me in the position of explaining to my children what a bulletproof vest was and why I had to wear one.”

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Barrett also noted recent reports of a “swatting” incident at her home, in which local police responded to a false report of gunfire.

“One of my teenage sons opened the door to go out with friends and saw that our street was full of police cars who had responded to a false report of gunshots and raised voices in my home,” Barrett said. “I was very, very grateful that I had Supreme Court police outside my home because they were able to stop and meet with and explain to the county police that it had been a false alarm, and so the police did not actually attempt to enter our home.”

Rep. Steny Hoyer, D-Md., asked the justices if they have adequate security so that they don’t have to rely on private security. Barrett answered, “Not at this point.”

“The goal is to be able to staff so that we can entirely absorb residential security within our office,” Barrett said.

Hoyer asked if the next budget will reach that goal. Kagan answered, “I think still not, but we will be getting closer.”

In addition to discussing personal security, the justices also talked about cybersecurity. Barrett noted an increase in cybersecurity attacks on the court.

“We haven’t suffered the kind of paralyzing attacks that some of the lower courts have, but seeing that has caused us to try to ramp up very quickly our cybersecurity protection,” Barrett said. “Some of the funding that we’re seeking is for additional cybersecurity experts.”

Rep. Chuck Edwards, R-N.C., asked if the court addresses artificial intelligence in its budget. Both justices answered no.

“This is a question that we’re looking at very closely in terms of what our rules should be going forward, what the best practices in this area are, in terms of how justices, how their clerks, how their assistants use AI and make sure that it’s used appropriately,” Kagan said.

Barrett said, “I know a lot of corporations, and maybe Congress, too, are turning to AI to gain efficiencies, and we’re not there yet because of the risks that AI could present, but it is something that we’re studying.”