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Kagan, Barrett Testify on SCOTUS Security & Ethics

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Justices Elena Kagan and Amy Coney Barrett recently testified before a House Appropriations subcommittee, marking the first such appearance since 2019. The hearing, ostensibly to discuss increased security funding due to rising threats, also delved into the court's ethics rules and its emergency docket.

A division resurfaced regarding ethics enforcement, with Justice Kagan supporting a committee of federal judges, while Justice Barrett expressed concerns about implementation complexities. Representative Rosa De Lauro criticized the court's current ethics code as "woefully insufficient." The justices detailed how threats, including an assassination attempt on Justice Brett M. Kavanaugh, have significantly impacted their daily lives and families, with Justice Barrett sharing a personal account of her son seeing a bulletproof vest.

Discussions also touched upon the court's "shadow docket," with Justice Kagan noting an improvement in explanations for emergency rulings, though she acknowledged the court's role in its expansion. Despite pointed questions, the hearing was largely collegial, highlighting bipartisan support for increased security funding for the judiciary. The justices were scheduled to testify before a Senate subcommittee later that day.