Illegal demonstrations apparently are continuing to take place at the homes of the Supreme Court justices despite federal law forbidding such activities.
Far-left activists with OurRightsDC posted video on Thursday evening showing them demonstrating at Supreme Court Justice Brett Kavanaugh’s Maryland home, chanting, “We want ethics on the court.” Their remarks come as Democratic lawmakers call for the Supreme Court to adopt new processes for recusals and ethics allegations—essentially making the court answerable to Congress.
This protesting has frequently occurred in spite of 18 U.S. Code 1507, which forbids picketing or parading “in or near a building or residence occupied or used by such judge, juror, witness, or court officer” with the intent of intimidating or influencing that person.
Attorney General Merrick Garland has admitted that it is a federal crime to protest outside a judge’s home with the intent of influencing that judge, but he has not enforced that law, though both Virginia Gov. Glenn Youngkin and former Maryland Gov. Larry Hogan requested that he do so.
OurRightsDC’s video shows the activists walking by Kavanaugh’s home as authorities stand guard.
The Daily Signal has asked the U.S. Marshals Service whether any arrests were made last night. The USMS did not respond to requests for comment.
This marks a year that the activists have been demonstrating in front of the justices’ homes, beginning after the May 2022 leak of the draft Supreme Court opinion showing Roe v. Wade would soon be overturned.
The most recent protest prompted House Judiciary GOP to question on Twitter, “Why are U.S. Marshals being trained not to make arrests of protesters outside Supreme Court justices’ homes?”
Judicial Crisis Network President Carrie Severino emphasized that “with Garland’s determination not to enforce federal law, we should expect protestors to continue to illegally harass the justices at their private homes indefinitely.”
Republican Utah Sen. Mike Lee called the protesting “a criminal threat to the safety of Supreme Court justices.”
“Why are U.S. Marshals being instructed not to make arrests?” he asked.
Republicans only this week accused the DOJ of “actively” seeking to “dissuade” the U.S. Marshals Service from enforcing 18 USC 1507 to protect the Supreme Court justices.
In a May 3 letter to Attorney General Merrick Garland, Sens. Katie Britt of Alabama, Tom Cotton of Arkansas, Ted Cruz of Texas, and Mike Lee of Utah reveal that they have obtained “post orders” dated May 19, 2022, that claim “USMS is not in a position to enforce” federal and state law.
The U.S. Marshals Service should not engage protesters “unless they attempt to enter private property,” the post orders said, according to the senators. This matches what members of the U.S. Marshals Service told The Daily Signal on the ground at Chief Justice John Roberts’ home in January.
June 4 post orders, which came four days before authorities arrested a man for attempting to assassinate Supreme Court Justice Brett Kavanaugh, reportedly warned the marshals that they “should not engage in protest-related enforcement actions beyond that which are strictly and immediately necessary and tailored to ensure the physical safety of the Justices and their families.”
Like similar materials that Britt revealed in March, the post orders also allegedly ordered U.S. Marshals Service personnel that “[a]ny contemplated USMS enforcement action should be coordinated in advance” with the appropriate U.S. attorney’s office.
“The simple fact of the matter is that the Administration agreed with the protestors’ politics and willfully chose not to enforce the law,” Britt said in an emailed statement to The Daily Signal earlier this week.
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