Republican senator’s push to arrest abortion protesters meets GOP resistance
Some
GOP senators say Sen. Tom Cotton is going too far with his call to
arrest and prosecute protesters outside the homes of Supreme Court
justices. by Scott Wong
Sen. Tom Cotton, R-Ark., wants the
abortion-rights protesters demonstrating in front of the homes of
Supreme Court justices to be swiftly arrested and prosecuted by the
Justice Department.Some of his Republican colleagues, however, say that would go too far and that it could violate First Amendment protections
“I think if they’re being peaceful and are staying off their property
and are not disrupting neighborhoods or causing or inciting fear, it’s
probably a legitimate expression of free speech,” Sen. Cynthia Lummis,
R-Wyo., a former member of the conservative House Freedom Caucus, said
Wednesday.
“First Amendment rights are so, so special. … We should all be erring in
favor of the First Amendment, in favor of freedom of speech, in favor
of freedom of religion, in favor of the freedom of assembly,” she said.
“Because if we start fearing our rights to speak and express our
religious convictions, and if we fear assembly, the consequences of
parsing those rights are extremely dangerous.”
Sen. Mike Braun, R-Ind., said he, too, believes peaceful protests — even outside the homes of justices — is protected speech.
“I’m
a First Amendment guy, and I think that cuts both ways,” Braun said in
an interview. “If they’re there and they’re doing it peacefully, you
know, I’m for that ability on either side of the political spectrum.”
Protesters have been chanting and holding up signs in front of the homes
of three conservatives: Chief Justice John Roberts and Justices Brett
Kavanaugh and Samuel Alito, who wrote the leaked majority draft opinion
that would overturn the constitutional right to abortion enshrined
nearly a half-century ago in the landmark Roe v. Wade decision.
More demonstrations are planned for Wednesday night at conservative justices’ homes in the Washington area.
In a stern letter
Tuesday to Attorney General Merrick Garland, Cotton slammed “left-wing
mobs” that have protested outside the homes of conservative justices
after the draft opinion leaked.
Cotton, who said in 2020 he supported
the use of military force
to suppress the protests against police violence sparked by the murder
of George Floyd, called the recent protests illegal and a “blatant
violation” of a 1950 law that says anyone who “pickets or parades” near a
building or residence used by a judge with the intent of influencing
the judge shall face fines or imprisonment. If the Justice Department
doesn’t act, Cotton told Garland, perhaps the next Congress should begin
impeachment proceeding
Cotton, a potential 2024 presidential candidate, said
Wednesday in an interview: “There is a federal law that prohibits the
protesting of judges’ homes. Anybody protesting a judge’s home should be
arrested on the spot by federal law enforcement. If [protesters] want
to raise a First Amendment defense, they are free to do so.”
“I
don’t advocate for arresting people protesting on public streets in
Washington, D.C., the nation’s capital. I do believe they should be
arrested for protesting in the homes of judges, jurors and prosecutors,”
Cotton said. “Federal law prohibits an obvious attempt to influence or
intimidate judges, jurors and prosecutors
Cotton spoke the same day Senate Republicans — along with Sen. Joe Manchin, D-W.Va. — blocked a Democratic-backed bill that would have codified abortion rights into federal law.
Asked
whether he believed people could legally protest at the home of an
elected official such as himself, Cotton replied: “I generally suggest
protesting in public spaces, not in front of public homes of any person.
But that’s not against federal law. That’s why Chuck Schumer is wrong.”
Schumer, D-N.Y., the Senate majority leader, told reporters Tuesday that
he was OK with people peacefully protesting outside the justices’
homes, saying such demonstrations are “the American way” and noting that
people protest in front of his home in New York “three, four times a
week.
White House press secretary Jen Psaki said Tuesday that
President Joe Biden believes “violent threats and intimidation of any
kind have no place in political discourse.” But she said the White House
understands the “outrage” in the country over the potential loss of
abortion rights.
“And we believe, of course, in peaceful
protests,” she said. “And we certainly continue to encourage that
outside of judges’ homes, and that’s the president’s position.”
Cotton isn’t on an island. Senate Minority Leader Mitch McConnell, R-Ky.,
said the protests
were “far outside the bounds of normal First Amendment speech or
protest,” adding, “It is an attempt to replace the rule of law with the
rule of mob
And Wednesday, the top Republican on the Judiciary Committee, Sen. Chuck Grassley of Iowa, demanded in a letter to Garland that the Justice Department protect justices and prosecute the targeted justices' homes.
At the state level, Maryland Gov. Larry Hogan tweeted
Wednesday night that he and Virginia Gov. Glenn Youngkin had called on
Garland to “provide adequate resources” to ensure the safety of Supreme
Court justices and their families. In their letter, the GOP governors
asked the Justice Department to enforce the 1950 law cited by Cotton.
Justice Department spokesman Anthony Coley said
in a statement that Garland continues to be briefed on security matters
related to the justices and has directed the U.S. Marshals Service to
“help ensure the Justices’ safety” by assisting the Supreme Court police
and the court marshal.
Some Republican senators said there can be a middle ground when it comes to the demonstrations.
Sen.
Roger Marshall of Kansas, the son of a police officer, said he would
like authorities to engage in dialogue with and issue warnings to the
protesters before they make any arrests.
“I would prefer a softer approach. I would prefer some type
of warning to the crowd, much like getting a speeding ticket,” Marshall
said. “Sometimes there’s a place for a warning, so I’d like to see those
crowds get warnings before we move all the way to prosecution.”
Other
GOP senators said they were unsure whether protesting outside a judge’s
home qualifies as breaking the law, but they also condemned the recent
demonstrations.
“Whether or not it’s legal, it’s inappropriate, and they
should not be harassing the justices,” said Sen. Susan Collins of Maine,
who called police this week after protesters wrote messages in chalk
outside her home urging her to vote for a Democratic abortion rights
measure.
Sen. Mitt Romney, R-Utah, who’s also had
protesters outside his home before, said the Supreme Court grounds are
where people should make their voices heard.
“I think
generally that a justice’s home should not be the place that we
protest,” Romney said. “We've got a Supreme Court building, and that’s
probably the best place to do that."
CLARIFICATION (May 12, 2022, 9:17 a.m. ET) A previous
version of this article had an incorrect reference in a quote from Sen.
Tom Cotton about who could raise a First Amendment defense of protests
outside the home of Supreme Court justices. He was referring to
protesters, not fellow Republican senators. The quote has been
corrected: “If they [the protesters] want to raise a First Amendment
defense, they are free to do so.”