Can Pro-Abortion Protesters Be Arrested for Demonstrations Outside SCOTUS Judges’ Homes?


In the wake of the leaked draft decision of a Supreme Court ruling that would overturn Roe v. Wade, pro-abortion protesters have taken to the houses of the sitting justices, raising concerns about active intimidation of the high court’s decision.

The White House has refused to condemn the protests, despite the fact that the protesters are openly working to pressure the justices into arriving at a different decision than that which appears to have been revealed by last week’s unprecedented leak of Justice Samuel Alito’s draft ruling.

Earlier this week, White House Press Secretary Jen Psaki said that President Joe Biden’s position was that he encourages peaceful demonstrations outside the justices’ homes.

Meanwhile, however, it appears that such actions on the part of the pro-abortion protesters could, in fact, be illegal, as they intend on pressuring the justices to change their ruling.

The Western Journal noted that 18 U.S.C. § 1507 prohibits attempts to intimidate judges into changing their rulings and states, “Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.”

The outlet also points to an observation made by conservative writer Cassandra Fairbanks, who pointed to another code which several of the January 6 defendants have been charged under.

While some of the detainees have been charged with “violating 40 U.S. Code § 5104, which bans ‘parade, demonstrate, or picket in any of the Capitol Buildings,’” others have been charged under 18 U.S. Code § 1512, “which prohibits protests that ‘otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,’” Fairbanks wrote.

On Wednesday, Republican Senate Majority Leader Mitch McConnell called on the Department of Justice to investigate the protesters who have been picketing outside the justices’ homes.

Alito, for his part, has been moved with his family to a safe location out of fear of the wrath of the activists.

McConnell pointed to U.S.C. Section 1507, calling on the agency to investigate if this has been violated by the demonstrators and make charges accordingly.

“There is one solution to the rule of the mob and that is the rule of the law,” he said.

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