Why It Matters

Two Supreme Court justices appeared before Congress on July 14 to defend a 7.2% budget increase driven largely by security concerns. The hearing marked the first time justices testified before the Senate since 2011, underscoring how dramatically the threat environment has shifted.

The Trump administration supports enhanced security funding for the federal judiciary. Justice Elena Kagan and Justice Amy Coney Barrett detailed an escalating crisis: assassination attempts, swatting attacks, hacking incidents, and hundreds of demonstrators outside their homes.

The Supreme Court budget hearing revealed the extent of security challenges facing the nation's highest court. The justices requested over $207 million in discretionary funding for fiscal year 2027, about a $13.9 million increase over the prior year.

Much of that increase stems from threats that have intensified dramatically. President Trump survived three assassination attempts in the past two years. In Butler, Pennsylvania, an assassin's bullet drew blood and came within four millimeters of being fatal, killing one American and critically injuring two others.

Beyond the presidency, the threat environment has engulfed other leaders. Sen. Rand Paul suffered a felonious assault. Gov. Josh Shapiro's home was firebombed. House Majority Leader Steve Scalise narrowly survived an assassination attempt. The violence has touched the judiciary itself.

The Big Picture

The U.S. Marshals Service had always been designed to provide temporary residential protection to the Supreme Court. But the agency unexpectedly told the court they could not continue providing protection as long as anticipated. The Supreme Court's residential security has been fully transferred to Supreme Court police via a combination of full-time officers and contractors.

The court seeks a $14 million increase for salaries and expenses, representing a more than 7% increase. It also requests a $6.5 million exterior screening facility. The budget includes a modest program increase to enhance cybersecurity personnel as well.

The Supreme Court represents only 2% of the judiciary branch's funding. The entire judiciary branch represents just 0.1% of the federal budget. Yet the court's security needs have become urgent.

The Ethics Code Question

Sen. Jack Reed, the Ranking Member of the Senate Appropriations Committee, raised concerns about the Supreme Court's newly adopted code of ethics. Reed stated that the code without effective enforcement is more aspirational than practical.

Reed urged the Supreme Court to include funds for an enforcement structure in its budget requests, not just the code itself. This tension highlighted a broader debate about institutional accountability. The court had recently adopted ethics rules following years of controversy over justices' financial disclosures and potential conflicts of interest.

Historical Significance

The hearing was held by the Subcommittee on Financial Services and General Government, chaired by Sen. Chris Van Hollen, with Sen. Bill Hagerty as Ranking Member.

The hearing marked the third hearing of the fiscal year 2027 cycle for the subcommittee. Sen. Lindsey Graham, who had voted for Justice Kagan's confirmation and served on the Judiciary Committee, had passed away before this hearing.

The two justices' appearance underscored how the court's security crisis has become inseparable from its budget needs. Congress appropriated significant funds for residential security, only to find the court needed more.

What They're Saying

Justice Kagan, a Democratic appointee who has served since 2010, testified to defend the court's fiscal year 2027 budget request. She was appointed by President Obama and previously served as U.S. Solicitor General and Dean of Harvard Law School.

Justice Barrett, appointed by President Trump in 2020, revealed threats against her family during the hearing. She previously served as a judge on the U.S. Court of Appeals for the Seventh Circuit and as a law professor at Notre Dame Law School.

Both justices emphasized that the requested increase was driven by an increasingly dangerous threat environment, not by discretionary spending desires.

The Bottom Line

Two justices testified before Congress about an escalating security crisis that has forced the Supreme Court to rapidly expand its own police force and security operations, transforming what was once a temporary arrangement into a permanent institutional burden.

The Senate Appropriations Committee will vote on the Supreme Court's fiscal year 2027 budget request. The House Subcommittee on Financial Services and General Government also heard from the justices on July 14, setting up parallel consideration in both chambers.

The court's request for enhanced cybersecurity personnel will likely receive scrutiny given the recent hacking incidents and the surge in cyber threats across the judiciary. The exterior screening facility request will also face questions about whether it represents an appropriate use of federal funds.

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