The U.S. Supreme Court marshal has requested Maryland and Virginia officials to increase enforcement of laws she claims prohibit picketing outside of the homes of justices who reside in those two states.
In Friday’s letters to Maryland Governor, Marshal Gail Curley stated that “for weeks on end large groups of protesters, chanting slogans and using bullhorns and banging drums, have pickedeted Justices homes.” Larry Hogan, Virginia Gov. Glenn Youngkin, Virginia Governor, and two elected officials from the local area.
Curley stated that Maryland and Virginia laws, as well as a Montgomery County ordinance, prohibit picketing at justices’ homes. She asked officials to order police to enforce these provisions.
Since May, protests have targeted the homes of justices. A leaked draft opinion indicated that the court was poised for overturning the 1973 Roe v. Wade case which legalized abortion nationwide.
Curley stated that protests and threats have increased since May and continued after Roe v. Wade’s decision was made last week.
Curley wrote to Marc Elrich, in her letter, that 75 protesters had pickedet at Montgomery County Justice’s house for 20-30 minutes earlier in the week. They then moved on to picket at another Justice home for 30 minutes, where they grew to 100 people, before returning to the Justice’s residence to picket for another 20-minutes. This is precisely the type of conduct that Maryland and Montgomery County laws forbid.”
She wrote to Jeffrey McKay (chairman of the Fairfax County Board of Supervisors) that a recent protest outside an unspecified Justice’s Home involved dozens of people singing, “no privacy, no peace for us!”
Curley made the request after a Californian man was discovered with a knife, gun and pepper spray near the Maryland residence of Supreme Court Justice Brett Kavanaugh. He told police that he planned to kill the justice. Nicholas John Roske (26), Simi Valley, California has been charged with attempted murder of a United States justice.
Both Youngkin and Hogan are Republicans who have expressed concern about the protests in the past. They sent a joint letter in May to Attorney General Merrick Galrland, asking for federal law enforcement resources to protect the justices and enforce a federal law that prohibits picketing with intent to influence a Judge.
“A month later, after an assassination attempt on Justice Kavanaugh’s life, the Department of Justice finally replied (to our letter), declining enforce the laws,” Hogan spokesperson Michael Ricci said in a Saturday statement.
Ricci stated, “Now a federal official is writing us with conflicting information.”
Ricci stated that the governor had directed state police “further examine enforcement options that respect Constitution and First Amendment.” Ricci also stated that if the marshal had taken the time to investigate the matter, she would have discovered that the constitution of the Maryland statute she cited was being challenged by the state Attorney General’s Office.
Elrich described the request of the marshal as “troubling” in a long statement she gave to CBS News Saturday. Elrich stated that Curley should directly communicate with Montgomery County officials if she has security concerns and not through the media.
Elrich wrote that Montgomery County follows the law to provide security and respect the First Amendment rights for protestors. “That’s what we do, no matter the topic of the protests.
Christian Martin, Youngkin’s spokesperson, stated that he welcomes Fairfax County’s request by the Marshal to the Supreme Court to enforce state law.
Martin wrote that the attorney general of the U.S. should perform his duties by enforcing federal law.
McKay spokesperson didn’t respond immediately to inquiries for comment.
Youngkin, in May, requested a perimeter of security around Fairfax County’s homes for justices. McKay rejected that request, claiming it would violate First Amendment rights. Youngkin also tried to establish a new felony punishment for certain actions taken during demonstrations directed at judges or other officers in a court. This was rejected by state lawmakers.
Curley’s letters were dated Friday, and were shared with reporters Saturday by a spokesperson from the Supreme Court.
