Supreme Court Justices Elena Kagan and Amy Coney Barrett are scheduled to testify before Congress on Tuesday, marking a rare appearance by members of the high court to advocate for a $228 million budget request for the upcoming fiscal year. The proposed budget represents a roughly 10% increase over the previous year, with a significant portion of the funds earmarked for enhanced security measures amid a documented rise in threats against the judiciary.
Security Funding Priorities
The Supreme Court’s budget request includes specific allocations to address the physical safety of the justices. According to the court’s proposal, approximately $15 million is designated for expanding personal protection details, which would provide six additional agents for each justice. An additional $2 million is requested to fund an off-site residential security post designed to improve emergency response times. Furthermore, the budget would cover the costs of hiring 25 additional full-time Supreme Court Police officers.
This request follows a $30 million increase for security approved by Congress in January, which is intended to sustain operations through September 2028. The U.S. Marshals Service, which is responsible for the protection of federal judges, reported 564 threats against judges during the government fiscal year that ended in September, an increase from the prior year.
Recent Security Incidents
The push for increased funding follows a series of security concerns involving Supreme Court justices. In May, Justice Amy Coney Barrett was the target of a “swatting” incident, in which a fake 911 call reporting gunshots at her home prompted a police response. Authorities determined the call was a hoax after coordinating with the Supreme Court Police officers assigned to her residence. Additionally, police reported that Justice Barrett’s sister was the victim of a bomb threat at her home in South Carolina last year, though no device was discovered.
In 2022, following the leak of a draft opinion regarding the overturning of the Roe v. Wade abortion decision, a would-be assassin was arrested near the home of Justice Brett Kavanaugh. Following that leak, the U.S. Marshals Service began providing 24/7 security at the private residences of the justices.
Congressional Testimony and Context
The Tuesday hearings—before the House Appropriations Committee in the morning and the Senate Appropriations Committee in the afternoon—represent the first time justices have testified before Congress since 2019. During that 2019 session, Justice Kagan and Justice Samuel Alito appeared to discuss the court’s fiscal year 2020 budget.
The current appearance comes shortly after the conclusion of a high-profile term in which the conservative-majority court issued several major rulings, including decisions regarding executive authority and regulatory agencies. While Chief Justice Roberts has stated that criticism of judicial opinions is understandable, he has characterized personally directed hostility toward judges as “dangerous.”
Budgetary Overview
The following table summarizes the key components of the Supreme Court’s requested funding increase for the upcoming fiscal year:
| Budget Item | Requested Allocation |
|---|---|
| Total Budget Request | $228 Million |
| Personal Protection Expansion | ~$15 Million |
| Residential Security/Police | $2 Million |
The hearing provides an opportunity for lawmakers to question the justices, though the justices have historically maintained a practice of avoiding discussion of specific jurisprudence during budget proceedings. The appearance of Justice Kagan, a member of the court’s liberal wing, alongside Justice Barrett, a member of the conservative majority, serves as a unified institutional front as the court navigates its budgetary needs in a polarized political environment.
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