DOJ remains silent on abortion protests at judges’ homes despite federal law banning ‘picketing’ to sway case


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The Justice Department remains silent on continued protests by abortion activists outside the homes of conservative Supreme Court justices, despite a federal law that prohibits trying to ‘influence’ federal officials and the outcome of a court case.

Pro-abortion protesters are targeting the private homes of six Republican-appointed justices after a draft notice leaked last week signaling that the Supreme Court intends to overturn the landmark abortion case Roe v. Wade.

Federal US code 1507, declares that any individual who “pickets or marches” with “intent to interfere with, obstruct or obstruct the administration of justice, or with intent to influence a judge, juror, a witness or judicial officer “near a United States court or “near a building or residence occupied or used by such judge, juror, witness or judicial officer” shall be liable to a fine or “imprisonment for a maximum of one year, or both”.

Despite the language included in the federal law, Attorney General Merrick Garland has not issued a public statement regarding the protests outside the homes of conservative judges. And the Department of Justice (DOJ) did not respond to Fox News Digital’s request for comment on Garland’s silence and why the protesters were not arrested.


According to Andy McCarthy, senior fellow at the National Review Institute and Fox News contributor, Biden’s DOJ remains silent on the matter for the same reason as the White House: “They’re raising their political interest in portraying the court’s draft opinion. supreme as extreme on their constitutional duty to faithfully execute the laws and to protect both the Court and the judges.”

Attorney General Merrick Garland testifies during a hearing of the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies to discuss the Department of Justice’s fiscal year 2023 budget on Capitol Hill in Washington, D.C. on Tuesday, April 26, 2022. (Greg Nash/ Pool Photo via AP)

“I would like to point out that months ago, when Attorney General Garland improperly dispatched the FBI to investigate parents who were protesting the inclusion of racist and anti-American material in school curricula, Garland claimed that the Justice Department had an interest in protecting teachers and school administrators Not only was it not true that schools were under siege, but the relationship between parents and schools is a state and local matter, not a federal matter – hypothetically, if a parent were to assault a teacher, it would be a state crime, not a federal one,” McCarthy continued.

McCarthy referenced a DOJ memo from last fall, ordering the FBI to investigate “threats of violence” to school council meetings in order to combat threats against school officials by angry parents. Garland received massive backlash for her directive as it came just days after the National School Board Association (NSBA) wrote a letter to Biden asking his administration to treat parent protests at school board meetings as possible acts of “domestic terrorism.”

“In contrast, the protection of the Supreme Court as an institution and the safety of the justices are clearly federal matters over which federal law enforcement has clear jurisdiction. It is inexcusable that the Justice Department is so quiet and passive now, when he was loud and active on a fabricated controversy he had no jurisdiction over,” McCarthy told Fox News Digital.

Protesters stand outside the homes of conservative Supreme Court justices to oppose the overturning of Roe v.  Wade.

Protesters stand outside the homes of conservative Supreme Court justices to oppose the overturning of Roe v. Wade.

America First Legal senior adviser Ian Prior also reacted to the department’s silence, telling Fox News Digital, “That says all you need to know about the politicization of this Justice Department. Despite the lack of FBI documents regarding a spike in harassment or threats against school boards, Merrick Garland armed the DOJ against parents just four days after the Biden administration received a letter from the NSBA.”


“Meanwhile, you have protesters here who are arguably violating federal law by demonstrating at Supreme Court justices’ homes to influence a court decision, and we haven’t heard a word from Garland. This administration doesn’t has shown contempt for anyone who does not fall in line with its radical policies and seems to be all for the mafia-like extremist tactics to support those policies,” Prior continued.

Protesters stand outside the homes of conservative Supreme Court justices to oppose the overturning of Roe v.  Wade.

Protesters stand outside the homes of conservative Supreme Court justices to oppose the overturning of Roe v. Wade.

White House press secretary Jen Psaki tweeted on Monday in response to growing reactions to protests outside the homes of judges that President Biden “firmly believes in the constitutional right to protest.”

“But that should never include violence, threats or vandalism,” Psaki tweeted. “Judges perform an extremely important function in our society, and they must be able to do their job without worrying about their personal safety.”

However, Judicial Crisis Network President Carrie Severino tweeted in response to PSAKI’s statement on Monday that the White House still has “no problem” with activists protesting outside the homes of Supreme Court justices, although Judge Alito apparently had to leave his house due to the unrest.

Severino told Fox News Digital in a statement, “Merrick Garland seems much more interested in treating parents like terrorists than prosecuting protesters seeking to influence judges in their homes, which the White House has made clear that she was supporting.”

Senate Judiciary Committee Chairman Dick Durbin, D-Ill., told a committee hearing last week that “there is no room for mob action, intimidation or any personal threat against an official. Period. Whether it’s their home or otherwise, it’s irrelevant.”

He continued when asked if it was appropriate for protesters to show up at their homes: “No. I don’t care about people doing it at my house and they have…it’s humiliating and adolescent and not convincing at all when you’re trying to make your case by doing something so outrageous.”

President Biden also “strongly” condemned an attack on a center for pro-life activists in Wisconsin, saying in a statement that the administration condemned “political violence of any stripe.”

“The president has made it clear throughout his career in public life that Americans have a fundamental right to speak out under the Constitution, regardless of their views,” the White House said Monday in a statement. communicated. “But such expression must be peaceful and free from violence, vandalism or attempts to intimidate.”


Abortion activists demonstrated outside the homes of Chief Justice John Robert and Justice Brett Kavanaugh over the weekend, and the ‘Shut Down DC’ group is organizing another group that will be stationed outside Justice Samuel’s home Alito Monday evening.

Alito is the author of the leaked draft notice which would overthrow Roe v. Wade and refer the issue of abortion to each state.

“We hold that deer and Casey must be overturned,” Alito wrote in a February draft opinion for Dobbs v. Jackson Women’s Health Organization. “It is time to respect the Constitution and return the issue of abortion to the elected representatives of the people.

Fox News’ Tyler Olson contributed to this report.

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