SCOTUS marshal asks Maryland, Virginia officials to enforce anti-picketing laws outside justices' homes

The Supreme Court's chief security officer requested that Maryland and Virginia officials move to halt protests outside the homes of Supreme Court justices.

In letters sent to Maryland officials Friday, Marshal of the Court Gail Curley wrote that "threatening activity" has increased at justices' homes since May, when POLITICO reported the disclosure of a draft opinion of the ruling that overturned Roe v. Wade.

In the letter to Republican Gov. Larry Hogan, Curley cited Maryland law that prohibits picketing in front of private homes.

“For weeks on end, large groups of protesters chanting slogans, using bullhorns, and banging drums have picketed justices’ homes in Maryland,” Curley wrote.

“Earlier this week, for example, 75 protesters loudly picketed at one Justice’s home in Maryland for 20-30 minutes in the evening, then proceeded to picket at another Justice’s home for 30 minutes, where the crowd grew to 100, and finally returned to the first Justice’s home to picket for another 20 minutes. This is exactly the kind of conduct that the Maryland and Montgomery County laws prohibit,” the letter continued.

Curley, who is also leading the investigation into the opinion's disclosure, said state and county laws "provide the tools to prevent picketing activity at the Justices' homes, and they should be enforced without delay."

The debate over protests at justices’ homes and Supreme Court security has risen since the disclosure of the draft opinion.

In June, a California man was charged with attempted murder after allegedly threatening to kill Justice Brett Kavanaugh in the run up to the court's key ruling on abortion rights. The Washington Post first reported the existence of the marshal's letters.

Curley sent similar letters Saturday to Virginia officials including Republican Gov. Glenn Youngkin, citing Virginia statutes.

Hogan and Youngkin called on the Justice Department in May to provide adequate resources to protect Supreme Court justices and their families.

Curley's letters quoted previous comments from Hogan and Youngkin stating their concerns over the protests.

Hogan spokesman Michael Ricci, responding to the marshal's letter Saturday, said the governor had urged the Justice Department to act under "clear and unambiguous" federal statute, and that the constitutionality of the state statute in question was under review by the Maryland Attorney General's office. Ricci added that Hogan has directed state police to further review enforcement options.

Josh Gerstein contributed to this report.