Justice Amy Coney Barrett and Justice Elena Kagan’s joint appearance on Capitol Hill on Tuesday was the first time a sitting member of the High Court had testified before Congress since 2019.
Answering questions before House and Senate Appropriations subcommittees, the justices were there to defend and justify the Supreme Court’s request for more budgetary dollars, specifically an increase in security spending.
In the aftermath of the Dobbs decision, conservative members of the court have been subjected to a dramatic increase in physical threats to the justices and their families.
After the Dobbs decision was leaked, a would-be assassin from California made his way to Justice Kavanaugh’s home with an array of weapons, including a gun, multiple rounds of ammunition, a knife, and zip ties. Mentally unstable, he called police after arriving and confessed his plot.
In the last few years, protesters have also descended on the homes of Justices Thomas, Alito, Gorsuch and Barrett. In June, Justice Barrett was the victim of a “swatting attack” – a tactic used to send armed police to a residence and hopefully incite a violent incident against the victim.
To show you just how far we’ve fallen, not too long ago, Justice Thomas used to walk to morning Mass from the Supreme Court. The late Justice Rehnquist often enjoyed lunchtime strolls on the Mall. No justice will ever again enjoy such freedom.
In appealing for an increase to security funding, Justice Barrett was making that very point and shared how the very real threats have taken a toll on her family. Given the escalating dangers in recent years, security officials briefed the justices and also practically equipped them – even with Kevlar.
Justice Barrett told lawmakers, “I didn’t expect that performing this service (as a justice) would put me in the position of explaining to my children what a bulletproof vest was.” She also added, “They have required my children to think about and see things that children should not have to see or think about.”
The testimony was a vivid example of the spiraling cultural dysfunction that many have been warning and lamenting about for decades. It was also a vivid reminder that public service doesn’t just impact the public official but also their family.
Frustrated with a few of Justice Barrett’s recent decisions, some critics, who might otherwise be fans of the former University of Notre Dame law professor, lashed out at her testimony. The essence of the criticism was that Barrett needs to toughen up. Some even went so far as to suggest she should resign if she couldn’t handle the personal threats.
Keep in mind her testimony, while personal, was thoughtful, measured, and professional. Such a cold and heartless reaction from people who should know better is disappointing, of course. It should be noted that Justice Barrett undoubtedly knew voting to overturn Roe would elicit an overwhelmingly negative outcry – but she still joined the majority in striking down the bad law.
Any claim that Justice Barrett’s decisions are somehow compromised because of personal threats belies reality. It’s also nonsensical why any critic would want to see a justice cave to intimidation and only encourage more of it from either side.
It’s one thing for critics to question a justice’s legal reasoning. That’s healthy and expected. But it’s an entirely different issue to verbally attack a justice who was simply relaying the very real fallout of a decaying culture where radicals threaten to kill a judge because they believe the justice ruled the wrong way.
As Christians, we should pray for Justice Barrett and her entire family. We should also pray for the eight other justices and their loved ones, too. It was the Apostle Paul who urged believers to pray “for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way” (1 Tim. 2:2).