Supreme Court Justices Go to Capitol Hill: A Simple Explainer

Caption: Supreme Court Justices Elena Kagan and Amy Coney Barrett testify before the House Appropriations Committee on Capitol Hill on July 14, 2026 in Washington, D.C. Credit: Anna Moneymaker/Getty Images

What Happened on Tuesday?

The Supreme Court did something on Tuesday that it had not done in seven years. It sent two of its judges (called "justices") to Capitol Hill (where the U.S. Congress works) to talk about the court’s budget request for the next year.

• The budget has grown a lot in recent years.
• The reason: a big and scary rise in the number and seriousness of threats to the justices’ safety.

The two justices who went were:

• Justice Elena Kagan – chosen for the job by President Obama.
• Justice Amy Coney Barrett – chosen for the job by President Trump.

Why Did the Court Need More Security?

As Kagan said in her testimony (that means the spoken statements she made to Congress), it was a Republican named Darrell Issa and a Democrat named Elijah Cummings who, ten years ago, told the court to improve its security.

• This happened after Justice Antonin Scalia died in his sleep on a hunting trip.
• No security was nearby to help quickly.

Kagan remembered the two Congressmen basically saying: "We think you’re crazy to have less security than the director of the Office of Personnel Management (a government office), and you have to do better."

How Things Used to Be

Before that push, justices had little or no security. For example:

• They drove their own cars to work.
• They went to movies and grocery stores alone.
• They traveled privately on their own.

Important Point: The justices actually liked having no security because having bodyguards feels invasive (like people are in your personal space all the time).

What Changed for the Court’s Budget and Safety?

In recent years, the court made big changes:

• It kept making the court police force bigger to protect justices and their homes all the time.
• It paid for extra computer and internet safety (cybersecurity).

Even with all that, Kagan pointed out:

• The Court asked for $207 million.
• That is less than one tenth of one percent of the whole federal budget (the total money the U.S. government spends).

How Are Justices’ Lives Affected by Threats?

The justices talked a lot on Tuesday about how rising threats changed their lives.

Justice Barrett shared two scary stories:

1. The bulletproof vest story

   • She brought a bulletproof vest (a special shirt that stops bullets) home.
   • Her 12-year-old son saw it and asked what it was.
   • She said she did not know how to explain to her child why she needed to wear one.
2. The "swatting" story
   • Six weeks ago, someone made a fake emergency call to police about her house.
   • Police could have burst in, but her security team was there to stop it.

Important Point: Threats hurt judges all over the country. After a gunman killed 20-year-old son of Judge Esther Salas (who wanted to kill her), many judges got packages with the slain son’s name on them. Barrett said these are meant to "intimidate and harass."

What About Political Criticism and Safety?

Senator Jack Reed asked if President Trump’s angry words about court rulings (like on tariffs and birthright citizenship) could make justices less safe.

Kagan gave a two-part answer:

• Criticism is fair game: "Go for it. Life in the big city means you get criticized."
• Intimidation is different: When political leaders try to scare judges, "that’s where we really have crossed the line."

Not Just Safety: Ethics and Gifts

Congresswoman Rosa De Lauro asked about ethics rules (rules about right and wrong behavior).

• Members of Congress and the President’s team can only take gifts worth under $50.
• The Supreme Court has no such limit.

She supports a bill (a proposed law) to:

• Put the same gift limit on the Supreme Court.
• Add a way to enforce the ethics rules the Court made for itself.

Kagan likes the idea of enforcement but says it is "hard," because:

• You would not want the President or Congress to control it.
• That could hurt the court’s independence (ability to decide without outside pressure).

One idea Kagan liked: a panel of retired respected judges to enforce the code. Barrett was unsure because:

• Who picks the judges?
• How is the panel made?
• It is complex and unsolved.

This shows even agreeing on the loose ethics code in 2023 was difficult.

The "Shadow Docket" Explained

The justices were also asked about the court’s emergency docket, nicknamed the "shadow docket" by critics.

• These cases were very rare until the Trump administrations.
• Difference from the normal "merits docket":
  • Emergency cases often skip lower courts.
  • The Supreme Court decides fast, without full papers or arguments.
  • Often with little or no explanation.

Critics (including Kagan) say these secret, unexplained orders make it hard for lower courts to know the law. Some say the Trump administration uses it like a fast-pass to get policies approved.

Senator Chris Van Hollen asked about this. Kagan said part of the reason for more use is:

• The Court granted some of these fast appeals.
• Smart lawyers see relief is possible and "take their shot."
• So the Court’s own behavior may have made the problem bigger.

Summary

• The Supreme Court sent Kagan and Barrett to Congress for the first time in 7 years to ask for a budget (mostly for security).
• Threats to justices have exploded, changing how they live.
• The requested $207M is tiny vs. the whole federal budget.
• Congress also questioned ethics rules and the secret "shadow docket."
• Fixing ethics enforcement and emergency cases is hard and debated even by the justices.

FAQ

1. Why did the Supreme Court justices go to Capitol Hill?
They went to testify about the court’s budget request for the coming year, especially money for security, something they had not done in seven years.

2. What is the "shadow docket"?
It is the court’s emergency docket where cases are decided very fast, often skipping lower courts and without clear explanation.

3. Why do justices need more security now?
Because threats to their safety have dramatically increased in number and seriousness, including scary events like swatting and bulletproof vest needs.

4. What is the gift limit issue?
Congress members can only take gifts under $50, but Supreme Court justices have no limit, and some lawmakers want to change that.

5. Why is an ethics enforcement system hard to make?
Because if the President or Congress makes it, the court could lose independence; picking a fair panel of judges is also complicated.