Justices Kagan and Barrett Testify on Supreme Court Budget, Security, and Ethics

WASHINGTON – Supreme Court Justices Elena Kagan and Amy Coney Barrett testified before the House of Representatives and the Senate on Tuesday, marking the first appearances by members of the high court before Congress in seven years. Their discussions focused on the court's budget, security, ethics code, and the emergency docket.

Justice Kagan explained that the Supreme Court's budget, projected to exceed $220 million in Fiscal Year 2027, has seen growth primarily due to security expenses. She noted that when she joined the court in 2010, security arrangements were different, with protection mainly for public events. Kagan stated that security concerns began to increase around 2016 following the death of Justice Antonin Scalia, and intensified significantly after the 2022 leak of the *Dobbs v. Jackson Women’s Health Organization* opinion.

Justice Barrett described personal experiences with threats, including bringing home a bulletproof vest after the *Dobbs* leak. She recounted a recent "swatting incident" and receiving "false deliveries" sent in the name of Daniel Anderl, the son of a federal judge killed in 2020. Barrett stated that the "threat level is really high."

Members of Congress expressed bipartisan support for increased security. Rep. Dave Joyce, an Ohio Republican, said that "judges should be able to do their jobs without fearing for their safety or that of their families." Rep. Steny Hoyer, a Maryland Democrat, inquired whether the current budget was sufficient to avoid using contract security employees.

Kagan informed Hoyer that the Supreme Court currently seeks 100 to 150 more officers. Barrett noted that a justice's security detail typically includes four to eight officers, while cabinet officials often have up to 20. Kagan suggested an optimal detail size would be "more like 12" people per justice, stating that smaller details lead to "a lot of overtime" and a "danger of burnout" for officers.

Sen. Susan Collins, a Maine Republican, attributed security risks to "rhetoric from public officials on both sides of the aisle." Sen. Jack Reed, a Rhode Island Democrat, cited public statements by former President Donald Trump after a court decision in February as "very dangerous to our court and the whole system." Kagan agreed that inflammatory rhetoric, regardless of its source, is "dangerous" and "not appropriate," distinguishing it from criticism of court opinions, which she called "fair game."

Regarding the court's ethics code, which justices adopted in 2023, Rep. Rosa DeLauro, a Connecticut Democrat, questioned the acceptance of gifts, noting congressional limits. Barrett responded that justices follow rules for all federal judges, prohibiting gifts from litigants and requiring reporting of gifts over $500.

Reed criticized the absence of an enforcement mechanism in the ethics code, calling it "more aspirational than practical." Barrett disagreed with this characterization, calling the enforcement issue a "complex question." Kagan expressed support for an enforcement mechanism but acknowledged it as a "very difficult question" due to judicial independence considerations. She mentioned the idea of using "respected, retired judges" for enforcement but said it remains an "open question."

Sen. Chris Van Hollen, a Maryland Democrat, asked about banning justices and staff from participating in prediction markets. Barrett stated that existing rules already prohibit using court information for financial gain. Both justices indicated willingness to review the issue to ensure prediction markets are covered, with Kagan calling the question "incredibly important."

The court's emergency docket, sometimes referred to as the interim docket, also drew discussion. Kagan stated that the emergency docket has become significantly busier since she joined the court in 2010. She suggested that granting more emergency appeals could lead to them becoming a more regular part of litigation. When asked about the term "shadow docket," Kagan said the court has improved in "explaining ourselves ... at least to a moderate degree."

Rep. Steve Womack, an Arkansas Republican, asked the justices to address young people present. Kagan stated that "our democracy ... rests in their hands" and encouraged them to learn about the country's institutions. Barrett expressed optimism at the engagement shown by attendees and described the hearing as a "constructive bipartisan effort." She stated that the court works to "disagree well when we disagree, and we agree a lot of the time."