In the first appearances by members of the Supreme Court before Congress in seven years, Justices Elena Kagan and Amy Coney Barrett testified on Tuesday in both the House of Representatives and the Senate. Although the focus of the justices’ testimony was the court’s budget, which Congress appropriates, the two discussed a wide range of issues, from security and enforcement of the court’s ethics code to its emergency (Kagan’s preference) or interim docket.
After beginning her remarks by expressing condolences for the recent death of Sen. Lindsey Graham of South Carolina, Kagan explained that the “recent growth” in the Supreme Court’s budget (which will exceed $220 million in Fiscal Year 2027) was “almost entirely for security expenses.”
When she joined the court in 2010, Kagan noted, it was an “entirely different world” in which she had security only for public events. The court started to focus more on security in 2016, she remarked, when Justice Antonin Scalia died in Texas, and the closest U.S. marshals were two hours away. But the “big ramp-up” came in 2022 with the leak of the court’s opinion in Dobbs v. Jackson Women’s Health Organization, in which the court overturned the recognition of a constitutional right to an abortion. At that point, she emphasized, the attention to security “acquired even more urgency.”
Barrett stressed that although statistics about threats to federal judges may “sound abstract,” “being on the receiving end of them is not.” Barrett recounted thttps://www.scotusblog.com/2026/07/justices-kagan-and-barrett-testify-before-congress/he story of bringing home a bulletproof vest because of the threats that she received in the wake of the Dobbs leak and having to explain the vest to her son. Six weeks ago, she continued, she was the victim of a swatting incident; because her Supreme Court police detail was already at her house, they were able to intercept the police and tell them it was a false alarm. And like other judges, she noted, she has received “false deliveries” sent in the name of Daniel Anderl, the son of Judge Esther Salas, a federal judge in New Jersey; Anderl was killed in 2020 by a lawyer who had litigated a case before Salas, and the deliveries were intended to intimidate the recipients. “The threat level is really high,” Barrett concluded.
5 takeaways as Supreme Court Justices Barrett and Kagan testify on Capitol Hill
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