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AG calls on DOJ to punish protestors outside homes of Supreme Court Justices

FILE - Protesters walk to Justice Samuel Alito's home in Virginia to speak out against the...
FILE - Protesters walk to Justice Samuel Alito's home in Virginia to speak out against the possible overturning of Roe v. Wade.(Source: CNN)
Published: May. 12, 2022 at 1:17 PM CDT
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TOPEKA, Kan. (WIBW) - AG Derek Schmidt has called on the Department of Justice to take action against protestors outside the homes of Supreme Court Justices in the wake of the recently leaked Roe v. Wade draft.

On Wednesday, May 11, Kansas Attorney General Derek Schmidt said he urged the U.S. Department of Justice to enforce a federal law that bars the public from attempting to intimidate U.S. Supreme Court Justices with protests outside their homes.

In a letter to U.S. Attorney General Merrick Garland, AG Schmidt said he joined 24 other state attorneys general to demand that the Justice Department take action to enforce the law to protect the Justices. He said the Justices have become the target of groups of protestors outside their homes since the unprecedented leak of a draft opinion in Dobbs v. Jackson Women’s Health Organization.

“As a former federal judge and the current head of the Department of Justice, you must surely appreciate the unique risks to both judges and the rule of law when judges are targeted at their homes,” Schmidt and the other attorneys general wrote. “That is why Congress has long barred ‘picket[ing] or parad[ing]’ near a judge’s home ‘with the intent of interfering with, obstructing, or impeding the administration of justice.’ We the undersigned Attorneys General act daily to uphold the rule of law. These remarkable recent events provide you an opportunity to do the same.”

Schmidt said the AGs also noted that Garland was not previously shy to use authority to address a “threat” of parents who voiced their opinions to school boards. Yet, he said when U.S. Supreme Court Justices and their families are being “illegally harassed” at their homes, he has remained silent.

“Here, in the face of escalating extremism directed at the judicial branch, you have an obvious role to play,” the attorneys general wrote. “Congress recognized that pressuring judges to change their votes by protesting outside their homes directly threatens the rule of law. You profess to share those concerns, having unequivocally stated that attacking a courthouse ‘to prevent judges from actually deciding cases’ plainly constitutes ‘domestic extremism, domestic terrorism.”

“You can and should act accordingly by faithfully executing federal law to prevent protestors from attempting to intimidate the Justices of the Supreme Court, both to protect the Justices and to safeguard the rule of law,” he concluded.

To read a full copy of the letter sent, click HERE.

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