The bill is a response to the protests outside of several conservative justices’ homes following the 2022 leak of the opinion signaling the overturning of Roe v. Wade during the Biden administration.

The bill, introduced by Sens. Marsha Blackburn (TN), Ted Cruz (TX), Mike Lee (R-UT), Cindy Hyde-Smith (UT), and Tom Cotton (AR), would amend federal law to raise the maximum prison term for obstructing justice by protesting or parading near a judge’s residence or courthouse from one year to five years.

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“Supreme Court Justices must be able to do their jobs without fear of intimidation, harm, or violence against them or their families,” Blackburn said in a statement introducing the measures, the Protecting Our Supreme Court Justices Act. It will “deter intimidation of our Justices and send a clear message that anyone who attempts to harm them will be punished to the fullest extent of the law,” she said.

The bill would amend Section 1507 of Title 18 of the U.S. Code, which addresses obstructing justice by picketing or parading near court buildings or the homes of judges, jurors, witnesses, or other court officers. If passed and signed into law by President Donald Trump, it would mean anyone convicted of a count of attempting to intimidate or influence a judge, or other court officials, at a private residence or courthouse could face up to five years in prison instead of just one year.

“It is essential that the judicial branch be able to perform its duties free from threats, fear, intimidation, or coercion,” Hyde-Smith said. 

Following the leaked draft opinion of Dobbs v. Jackson Women’s Health Organization in May 2022, protests erupted outside the homes of several Supreme Court justices, with demonstrators attempting to pressure them over the impending decision that overturned Roe v. Wade. Some justices, including Justice Brett Kavanaugh, faced direct threats of assassination for signing on to the majority decision, prompting increased security measures.

The legislation would amend one of several charges levied against Nicholas Roske, the California man who told authorities he planned to assassinate Kavanaugh in June 2022, when he was 26 years old. Federal prosecutors alleged Roske, now 28, had researched Kavanaugh’s address, flew across the country, and arrived near his home at 1 a.m. armed with burglary tools, zip ties, and an unloaded Glock handgun. Prosecutors argue that he had taken substantial steps toward committing the crime before changing his mind and calling 911. A trial for Roske is scheduled to begin in June 2025 in federal court.

The bill’s introduction comes just a day after interim U.S. Attorney for the District of Columbia Ed Martin sent a letter to Senate Minority Leader Chuck Schumer (D-NY) inquiring about a controversial 2020 remark in which Schumer warned that conservative court members like Kavanaugh and Justice Neil Gorsuch would “pay the price” for ruling against abortion rights. The comment, which Schumer later walked back, resurfaced amid renewed scrutiny over judicial security concerns during the Biden administration following the 2022 leaked draft opinion signaling the overturning of Roe v. Wade.

In a statement, Lee said the legislation aims to address “a disturbing number of threats seeking to change the outcomes of cases for political ends.”

Judicial threats have become an increasing concern in recent years. In 2020, U.S. District Judge Esther Salas’s son was fatally shot, and her husband seriously wounded at their New Jersey home by a gunman posing as a delivery driver. The attacker, later identified as a disgruntled lawyer, had targeted Salas in a planned assault, highlighting the risks faced by a federal judge.

Roske’s criminal case remains at the center of controversy over the judicial security debate.

According to newly revealed details in his case, Roske had planned his attack for a month, telling investigators he believed killing Kavanaugh could “make the world a better place,” court filings revealed last month.

The defendant’s counsel argues that his statements should be thrown out, as officers allegedly failed to advise him of his rights before questioning him. Prosecutors counter that Roske had already confessed voluntarily and took multiple steps toward carrying out the attack before ultimately surrendering.

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Roske is also charged with attempted murder of a Supreme Court justice. This statute criminalizes threats, assaults, or attempts to kill federal officials, including Supreme Court justices, in retaliation for their official duties.

Additionally, he faces charges related to transporting a firearm across state lines with intent to commit a felony and attempting to intimidate a Supreme Court justice. If convicted, Roske could face life in prison.