Senator says Biden admin refused to arrest pro-abortion protesters at SCOTUS justices’ homes

In May of 2022, when a leaked draft opinion from the Supreme Court in Dobbs v. Jackson Women’s Health Organization struck down Roe v. Wade, pro-abortion protests immediately began taking place, including in front of the homes of conservative Supreme Court justices. Though these protests were potentially illegal, Senator Katie Britt says the Biden administration specifically ordered the Department of Justice (DOJ) not to arrest the protesters.

The pro-abortion group “Ruth Sent Us” doxxed the conservative-leaning Supreme Court justices, and organized protests in front of their homes. They also protested in front of the school that Justice Amy Coney Barrett’s children attend, and encouraged people to “protest at Barrett’s cult-de-sac every Thursday” and help “fend off her hostile, racist neighbors.”

A tweet addressed to Ashley Kavanaugh, Justice Brett Kavanaugh’s wife, was sent; it featured a photo in front of their children’s school. An armed man was also arrested near Kavanaugh’s home, carrying a gun, a knife, and pepper spray, He told police he was there to kill Kavanaugh.

According to 18 U.S.C. §1507, it is illegal to picket or parade near a residence occupied by a judge with the intent of “interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty.” Yet the justices were subjected to constant protests before the final decision was released.

During a hearing, Britt revealed training slides from a DOJ whistleblower who was concerned about Attorney General Merrick Garland’s misleading testimony before the Judiciary Committee.

Senator Katie Britt questions AG Garland about DOJ's selective refusal to enforce the law

“After your appearance before the Judiciary Committee, we obtained copies of the slide deck that was used to train and prepare the Marshals for their protective details at the home of the Justices,” Britt said. “Those training materials show that the Marshals likely didn’t make any arrests under Section 1507 for a pretty simple reason – they were actively discouraged from doing so.”

The slides explicitly stated that “making arrests and initiating prosecutions was not the goal of the Marshals’ presence at the homes of the Justices,” and that arrests were a “last resort” if absolutely necessary to protect the safety of the Justices.

“Not a single person has been prosecuted for illegally harassing Supreme Court justices outside of their homes,” Britt said in a tweet after the hearing. “The reason is crystal clear: The Department of Justice has willfully chosen not to enforce federal law.”

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