WASHINGTON — The Supreme Court’s chief security officer has asked Virginia and Maryland officials to enforce laws banning protests outside justices’ homes after weeks of demonstrations in support of abortion rights.
In four letters sent to Governor Larry Hogan of Maryland; Governor Glenn Youngkin of Virginia; Jeffrey McKay, chairman of the Fairfax County Board of Supervisors; and Mark Ellrich, Montgomery County Executive, Superior Court Marshal Gail A. Curley cited protests and “threatening activity” in his request.
After a leaked draft opinion in early May showed that the court’s conservative majority was poised to overturn Roe v. Wade, which guaranteed a constitutional right to abortion, protesters regularly gathered outside those justices’ homes to denounce the decision. The court officially issued its opinion at the end of June.
“Protesters gathered outside a Fairfax County judge’s home chanting profanities,” read the letter to Mr. Youngkin, which was sent on Saturday. “And dozens showed up outside another’s home in Fairfax County, chanting ‘no privacy for us, no peace for you!'” Virginia law prohibits exactly that kind of behavior.
The laws cited by Ms. Curley are both state and local ordinances that would prohibit various types of demonstrations outside private residences with some exceptions, but it is unclear whether the protesters necessarily violated the laws.
From Opinion: The End of Roe v. Wade
Commentary by Times Opinion writers and columnists on the Supreme Court’s decision to end the constitutional right to abortion.
- Michelle Goldberg: “The end of Roe v. Wade was foreseen, but in wide swaths of the country it still creates agonizing and potentially tragic uncertainty.”
- Spencer Bocat-Lindell: “What exactly does it mean for the Supreme Court to experience a crisis of legitimacy, and is it really one?”
- Bonnie Christian, journalist: “For many supporters of former President Donald Trump, Friday’s Supreme Court decision was a long-awaited vindication.” It could also mark the end of his political career.
- Erica Baccioci, legal scholar: “It is precisely the state of the unborn child’s existential dependence on its mother, rather than its autonomy, that makes it particularly suitable for care, nurturing and legal protection.”
In one of her letters, Ms. Curley also mentioned the arrest last month of a California man who was found with a gun and other weapons near the Chevy Chase, Md., home of Judge Brett M. Cavanaugh. Federal officials said the man planned to break into the judge’s home to kill him and charged him with attempted murder.
On the evening of June 24, after the Supreme Court ended nearly 50 years of abortion rights, a small crowd chanted, sang and banged pots and pans on the quiet street in Burke, Virginia, where Justice Clarence Thomas lives. The police barricaded the entire block. Protesters also appeared outside Judge Kavanaugh’s home, seemingly outnumbered by police officers, and security vans were seen guarding the home of Judge Samuel A. Alito Jr. in Alexandria, Virginia.
Protests sparked by the leaked draft opinion heightened concerns about the safety of judges, and a fence was erected around the Supreme Court building in response to the demonstrations.
Last month, the House quickly passed a bill that would extend police protection to the immediate families of Supreme Court justices. The Senate has already passed the legislation and it awaits President Biden’s signature.
All six Republican-appointed judges live in wealthy enclaves in Fairfax County, Virginia, and Montgomery County, Maryland, which border Washington.
Mr. Ellrich, the Fairfax County clerk, said in a statement that he had no record of a letter from Ms. Curley, but he criticized her request, saying the federal government was primarily responsible for ensuring the safety of justice and their families.
“It’s very troubling that the court would take this approach,” Mr. Ellrich said. “If the marshal is concerned about security, then she and her staff should be communicating directly with the chief of police, myself and my staff, rather than sending a letter to the press.”
In a statement, the Fairfax County Police Department said it was responsible for protecting the public, including three judges, and protecting people’s constitutional right to protest. He was “well versed” in the laws governing protests, he said, adding that he had a unit specifically “trained to assist crowds that gather to express their views”.
Both Mr. Youngkin and Mr. Hogan have previously expressed concern about the protests.
In a statement posted on Twitter on Saturday, Mr. Hogan’s communications director said “the governor has directed the Maryland State Police to further review enforcement options that respect the First Amendment and the Constitution.” He added that the Justice Department had rejected a request by Mr. Hogan to enforce federal laws barring protests at judges’ residences.
Sadie Kuhns, an organizer with Our Rights DC, a group formed by protesters in May that has staged more than 30 protests outside the homes of conservative judges, said the group has seen no law enforcement response to its demonstrations and has no plans to stop.
“These six people control the lives of millions of people,” Ms. Koons said. “And if the only thing we can do is exercise our First Amendment rights outside their homes peacefully, that’s what we’re going to do.” It empowers people.”
Add Comment