Justices Kagan and Barrett Urge More Court Security

Supreme Court Justices Elena Kagan and Amy Coney Barrett made a rare joint appearance before Congress on Tuesday to testify about the urgent need for increased security funding for the nation’s highest court, describing a dramatic escalation in threats that has profoundly affected their personal and family lives. The hearing before the House Appropriations Subcommittee on Financial Services and General Government marked the first time sitting justices have testified before Congress since 2019, according to The Associated Press.

A Surge in Threats

The Supreme Court is requesting $228.4 million for fiscal year 2027 — a nearly 10% increase over the previous year — with the bulk of the increase directed toward expanding personal protection for justices, cybersecurity, and physical security infrastructure. Approximately $14.6 million of the increase would go to expanding personal protection, with six more agents allocated for each justice, while an additional $2 million would fund an off-site residential security post.

The statistics presented during the hearing painted a stark picture. The Supreme Court Police expect a 38% annual increase in threats this year, following a 25% increase last year. The U.S. Marshals Service reported 564 threats in the government fiscal year ending September 2025, an increase from the prior year. Since the beginning of 2026, there have been 512 investigations of threats to federal judges out of 2,600 active judges, compared to 807 investigations for all of 2025.

Personal Toll on Justices and Families

Justice Barrett offered deeply personal testimony about how the threat environment has affected her family. She recounted how, in spring 2022 after the leak of the draft opinion overturning Roe v. Wade, her security detail sent her home with a bulletproof vest — and her 12-year-old son saw it.

“I didn’t expect that performing this service would put me in the position of explaining to my children what a bulletproof vest was, why I had to wear one,” Barrett told the subcommittee.

In May 2026, Barrett’s home was targeted by a “swatting” attack — a fake 911 call designed to provoke a heavily armed police response. Her teenage son opened the door to find the street full of police cars responding to a false report of gunshots. In 2025, one of Barrett’s sisters was the target of a bomb threat in Charleston, South Carolina.

“They have required me and my children to think about and see things that children should not have to see or think about,” Barrett said.

Justice Kagan, who joined the court in 2010, described how security has evolved dramatically during her tenure. “When I first joined the court in 2010, our security was very different at the time. The Supreme Court Police focused almost exclusively on protecting the building, and our IT department focused on supporting the latest BlackBerry devices,” she said. “I didn’t have a security team of my own.”

Context of Rising Political Violence

The hearing comes against a backdrop of escalating threats against the judiciary that intensified after the 2022 leak of the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health Organization, which ultimately overturned Roe v. Wade. In June 2022, Nicholas Roske traveled from California to Justice Brett Kavanaugh’s home in Maryland with a pistol, ammunition, and zip ties, intending to kill the justice. Roske was arrested after calling 911 and was sentenced to more than eight years in prison in October 2025, as The Associated Press reported.

Chief Justice John Roberts has condemned the threats to all U.S. judges, saying during a March 2026 speech that personally directed hostility is “dangerous, and it’s got to stop,” according to AP News.

Bipartisan Concern

Subcommittee Chairman Rep. Dave Joyce (R-Ohio) opened the hearing with a bipartisan call to protect judicial officers regardless of views on specific rulings. “Whatever one’s view of the specific Supreme Court ruling, judicial officers — up to and including the justices of the Supreme Court — must be able to do their jobs without fear for their safety or their family’s safety,” Joyce said.

The rare joint testimony by two ideologically opposed justices — Kagan, appointed by President Barack Obama, and Barrett, appointed by President Donald Trump — underscored the bipartisan nature of the security concern.

Broader Questions on Court Operations

The hearing also touched on broader questions about the court’s operations. Democratic members asked about the court’s ethics code, adopted in 2023 amid criticism over undisclosed trips and gifts. Kagan expressed openness to an enforcement mechanism for the ethics code, while Barrett said she was “less certain” about one. The justices also addressed the rise in emergency appeals, known as the “shadow docket,” with Kagan noting that some high-profile decisions may have encouraged more such filings.

What’s Next

The justices were also scheduled to testify before a Senate subcommittee. Congress will now consider whether to approve the full $228.4 million budget request. The hearing signals that the Supreme Court expects the elevated threat environment to persist for the foreseeable future, with Barrett summing up the situation bluntly: “The threat level is really high.”

As the court continues to issue landmark rulings on politically charged issues — including decisions on presidential power, tariffs, and immigration handed down just two weeks ago — the question of how to balance judicial independence, public accessibility, and security remains a pressing challenge for the nation’s highest court.