Tenney Leads Letter to AG Garland Calling for Enforcement of the Law and Action Against Those Intimidating Supreme Court Justices
Washington, DC – Congresswoman Claudia Tenney (NY-22) today led a letter to U.S. Attorney General Merrick Garland with nearly 50 of her House colleagues demanding enforcement of the law and action against those intimidating Supreme Court Justices following the leak of a decision draft in the Dobbs v. Jackson case before the Court.
The letter highlighted the need to zealously guard the First Amendment, while also ensuring judges are not intimidated by mob rule. Since the leak of the decision, mobs of protestors have swarmed the homes of Justices Alito, Kavanaugh, and Roberts.
“The failure of this Administration to defend the integrity, independence, and fairness of the judicial process is a shameless and implicit endorsement of mob rule in America,” said Tenney. “The right to peaceful assembly is among our most sacred rights as Americans, and we should guard it zealously, but this right does not permit us to intimidate judges, jurors, or officers of the court.”
18 U.S.C. § 1507 makes it a crime to picket or parade outside of a judge’s home, particularly if the intent of such actions is to influence them in the discharge of their official duties. The right to peacefully assembly is among the most sacred rights we hold as Americans, which is why our forbearers demanded it be enshrined in the First Amendment to the United States Constitution. Yet our sacred right to peacefully assemble has never permitted Americans to intimidate judges, jurors, or officers of the court with the expressed objective of swaying the outcome of an independent judicial proceeding.
The lawmakers wrote in part, “Importantly, enforcing 18 U.S.C. § 1507 in no way deprives protestors of their constitutional right to assembly. Protestors have ample opportunity to gather in one of a million other places, including on sidewalks outside of the U.S. Supreme Court, as was upheld by United States v. Grace (1983). There is therefore no compelling justification for your failure to act other than to permit protestors to unlawfully intimidate justices of the United States Supreme Court.”
Tenney was joined by Reps. Elise Stefanik, Tom Cole, Rodney Davis, Bruce Westerman, Mike Johnson, Lee Zeldin, Andrew Garbarino, Ralph Norman, Don Bacon, Ken Buck, Vicky Hartzler, John Rose, Chuck Fleischmann, Lisa McClain, Ted Budd, Jefferson Van Drew, Markwayne Mullin, Greg Murphy, Burgess Owens, Gregory Steube, Doug LaMalfa, John Moolenaar, Andy Biggs, Tracey Mann, Rick Crawford, Tom Rice, Andy Barr, Brian Babin, Jody Hice, Warren Davidson, Diana Harshbarger, Louie Gohmert, Glenn Grothman, Jack Bergman, John Rutherford, Vern Buchanan, Dan Bishop, Bill Posey, Bob Gibbs, Madison Cawthorn, Steven Palazzo, Byron Donalds, Barry Loudermilk, Tom Tiffany, Michael Cloud, Troy Balderson, and Jody Arrington.
The full text of the letter is available here.
Support from House Republican Conference Chairwoman Stefanik:
“It is unlawful for Far-Left activists to terrorize the homes of Supreme Court Justices and their families. In the face of this blatant attempt to obstruct justice and intimidate the highest Court in the land, I am calling on the DOJ to uphold law and order. We must maintain the independence of our courts," said Congresswoman Elise Stefanik.
Support from additional members of Congress:
“The rule of law must be upheld within our country,” said Congressman Tom Cole. “Our Supreme Court justices should maintain the ability to deliberate cases independently without fear for their personal safety or the security of their families.”
“Judges have to be able to rule without fear of physical intimidation. This is a basic rule of law issue, and the Biden administration needs to stop encouraging this lawlessness before someone gets hurt,” said Congressman Ken Buck.
“Left-wing mobs are harassing Supreme Court Justices at their homes and clearly violating federal law by doing so. If Attorney General Garland condones or gives a pass to this criminal behavior like WH Press Secretary Jen Psaki, it would be an enormous blow to the rule of law in our country. General Garland has said he wouldn’t do the President’s bidding as Attorney General, now is his time to prove it,” said Congressman Andy Barr.
“I am a steadfast defender of the constitution, which gives us the sacred right to assemble peacefully. This right was never a means of impeding our branches of government from fulfilling their duties. We cannot allow bullies to upend our judicial process. Lawlessness breeds lawlessness; the Department of Justice must act now,” said Congresswoman Diana Harshbarger.
“The same party and administration that wanted to convince the public that Republicans undermined the rule of law are now openly intimidating the third branch of government or supporting the efforts of those who do,” Congressman Markwayne Mullin said. “It’s disgraceful. The DOJ must immediately tell the public how they plan to handle this violation to ensure the continued safety and security of our Supreme Court justices and help restore faith in our constitutional process.”
“I’m grateful to live in a country where peaceful assembly is among the first rights guaranteed to citizens in the Constitution; however, that right doesn’t extend to those who seek to intimidate judges into swaying their opinion on a case. The Biden Administration has continuously displayed an unwillingness to enforce our laws. By not denouncing these left-wing agitators, President Biden is explicitly endorsing mob rule and ripping the Constitution to shreds by putting his seal of approval on their attempts to influence the court,” said Congressman John Rose.
“It’s deeply disturbing that the Biden Administration has willfully ignored our rule of law and allowed protesters to intimidate U.S. Supreme Court justices,” said Congressman Greg Murphy. “This failure of leadership neglects a clear and direct violation of U.S. Code, as the First Amendment does not allow Americans to target the independent judiciary. I’m proud to join Rep. Tenney in demanding a simple answer from Biden’s DOJ: will this Administration enforce our rule of law?”
“Coercing a judge by threatening their families, vandalizing their homes, and firebombing pro-life clinics is not “free speech”. The American people have a right to protest and petition their government, but they don’t have a right to threaten or harm. There are plenty of places to protest, including at the Supreme Court. Protesting at a judge’s home is not allowed by law for a reason. The Biden Administration needs to take this seriously, and it should be investigated immediately by the Department of Justice and the FBI,” said Congressman Doug LaMalfa.
“Our Justices should be able to conduct their constitutional duty of interpreting our laws as written without facing threats directed at themselves or their families. These intimidation tactics from the left are a danger to our institutions. Attorney General Garland had no issue investigating concerned parents at school board meetings as domestic terrorists but he’s giving these protestors a past. It’s high time for him to enforce our laws and hold accountable those making threats to Justices and protesting outside of their homes,” said Congressman Rick Crawford.
“The Biden Administration should have immediately condemned the protests outside the family homes of Supreme Court Justices,” said Congressman Tom Rice. “Since deliberations of the Dobbs case are ongoing, these protests are threatening the sanctity of the judicial system. It is crucial that we protect the integrity of the Court and allow the Justices to act without fear or favor.”
“It appears the only time Democrats wish to see the law enforced and crimes prosecuted is when conservatives are being accused and then liberal Democrats are OK with them being abused in jail indefinitely. The illegal and dangerous protests taking place outside of U.S. Supreme Court Justices’ homes, and this Administration’s unwillingness to uphold the law, represents a disturbing threat to our Constitutional representative government. Attorney General Garland should seek to prosecute these illegal agitators with the same vigor with which his Department of Justice pursued every flag-waving grandma who peacefully entered the U.S. Capitol on January 6 and ignored their abuse behind bars,” said Congressman Louie Gohmert.
“The radical Left is attempting to intimidate our Supreme Court justices into submitting to their partisan political will. The pro-abortionist protests outside of Justice Alito’s home are disturbing, inappropriate, and pose a legitimate threat to the Alito family’s safety. This kind of behavior is alarming and should not be tolerated,” said Congressman Jody Hice.
“We are a nation of laws, and it’s time Attorney General Garland starts enforcing them,” said Congressman Brian Babin. “Attempting to intimidate and influence Supreme Court Justices by protesting outside of their private homes is illegal. These radical activists must be held accountable for their actions.”
"It's absolutely unacceptable that the DOJ sit back and do nothing as radical leftist protestors try to intimidate our Supreme Court Justices outside their most sacred place, their homes. I urge Attorney General Garland to act swiftly and investigate this radical and illegal bullying of Supreme Court justices and their families,” said Congresswoman Lisa McClain.
“Attorney General Garland needs to explain why he has not enforced the law prohibiting the use of protest to influence or intimidate jurors and judges. While we must protect our First Amendment rights to peacefully assemble, the US Code prevents that right from being misused, as in the case of these protests at homes. The intent of these protestors is to scare, intimidate and harass judicial branch members as they discharge their duties,” said Congressman Don Bacon.
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