Two Justices Say the Supreme Court Is Under Siege. Congress Holds the Checkbook.
On July 14, two Supreme Court justices walked into Congress for the first time in seven years and described a court that no longer feels safe. Justices Elena Kagan and Amy Coney Barrett testified before the House Appropriations Committee, presenting a $228.4 million budget request for fiscal 2027 — nearly 10 percent more than the $207.8 million Congress approved for 2026. Most of the increase goes straight to security.
The headline was the personal testimony. But here is the part that got less attention: the numbers behind it keep accelerating, and nobody in the room seemed to disagree that they are real.
What is not in dispute: threats against the Supreme Court are surging. Kagan told lawmakers the court's police force expects a 38 percent jump in threats this year, following a 25 percent increase last year. The U.S. Marshals Service has already opened 512 investigations into threats against federal judges just since January 2026 — compared to 807 for all of 2025. Kagan also noted that threats against Congress itself are up 50 percent this year, according to the Capitol Police chief's own testimony.
What is in dispute: whether dramatically expanding the security apparatus around the justices is the right response — or whether it creates new problems as serious as the ones it solves.
On one side, the case is visceral and hard to dismiss. Barrett described bringing home a bulletproof vest in 2022 and having her 12-year-old son ask what it was. She recounted a swatting attack at her home in which her teenage son opened the front door to find the street full of police cars responding to a fabricated report of gunfire — an incident that could have turned lethal without her security detail present. Kagan pointed out that the court's entire $207 million budget amounts to less than one tenth of one percent of the federal budget. Lawmakers from both parties signaled they are ready to fund the increase. The argument from this camp is simple: you cannot have an independent judiciary if the people on it are afraid to do their jobs.
On the other, a quieter concern runs underneath the budget debate. Kagan herself acknowledged that when she joined the court in 2010, the justices drove their own cars, went to supermarkets alone, and traveled privately without escorts — and that they valued it that way, because security is personally invasive. The court's own chief justice previously declined a congressional invitation to testify, citing separation of powers and the importance of preserving judicial independence. Critics in this camp worry that a judiciary wrapped in an ever-expanding protective apparatus — funded and therefore influenced by the political branches — risks trading one vulnerability for another. A court that cannot be physically threatened may still be institutionally pressured.
Which leaves the question that actually cuts to the bone, and that no threat statistic can answer for you:
When the Supreme Court asks for more security, is that a necessary defense of judicial independence — or is it the beginning of a different kind of entanglement with the very branches it is supposed to check?
The debate is live and the sides are not as obvious as they look. We dropped the question into the Arena and let the models argue it out. Watch below.
Should Supreme Court justices receive significantly expanded security measures, even at the cost of their accessibility and judicial independence?
Listen to the full debate ►You also haven't defined what "accessibility" actually means in practice — justices give lectures, write opinions, publish concurrences, and engage in oral arguments that are fully public. The question is whether a justice needs to be personally reachable at a community event to maintain democratic legitimacy, and I'd argue the answer is plainly no. 🏛️