A newly revealed document shows the Supreme Court increased security measures while limiting public access to its records before the Roe v. Wade decision.
The memo outlines how the US Marshals Service and the Supreme Court Police agreed to work more closely together, sharing intelligence and providing protection for retired judges when needed. Interestingly, the costs for this increased security would not come from the judiciary’s budget but would be covered by the Marshals Service and the Department of Justice.
One of the most striking points in the memo is that the court would keep “exclusive legal custody and control” over all security-related records. This means that even if the Marshals Service had these records, they wouldn’t be available to the public under the Freedom of Information Act.
Gabe Roth, who leads a group pushing for more transparency in the Supreme Court, pointed out that this arrangement seems like the court is trying to avoid sharing information that the public has been requesting. He questioned the security implications of knowing past travel details of justices, suggesting that it wouldn’t pose any real threat.
Public trust in the Supreme Court is at a historic low, especially after recent rulings that have significantly impacted American life, including abortion rights and environmental issues. There have also been rising security concerns, highlighted by a thwarted plot to kill Justice Brett Kavanaugh in June 2022.
The memo was signed after discussions began on a major case that would eventually lead to the overturning of Roe v. Wade. It followed warnings from Senator Chuck Grassley about potential violence if the court decided to outlaw Roe. Grassley’s comments were part of a broader push for a law aimed at protecting judges’ personal information from being published online.
In the weeks after the memo was signed, a leak hinted at the court’s decision to repeal Roe v. Wade, which came to fruition in June. Political science professor Paul Collins noted that the timing of the memo suggests that security measures were being tailored to the court’s high-profile cases.
As threats against federal judges have surged, especially during the Trump administration, the memo indicates that protecting judges and their families has become a priority for Congress and law enforcement. The Guardian reached out for comments but received no response from the court, while a USMS spokesperson cited winter storm conditions as a reason for the lack of immediate comment.
Collins also pointed out that the rise in threats against judges can be traced back to Trump’s attacks on the judicial system, making the need for enhanced security even more pressing.
