The cases against attempts to intimidate the Supreme Court

 Clarice Feldman:

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When I want a good legal analysis, one of the first places I turn to is the Volokh Conspiracy, and in particular, the lucid and persuasive analyses by Professor Eugene Volokh. This week he explains why picketing the judges’ residence with the intent to influence them violates federal law. (And the intent is to influence, obviously because this is just a draft, not a final, opinion.)

The relevant statute is 18 U.S.C. Sec.1507 which reads:

1.  Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or

2.  with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty,

3.  pickets or parades in or near a building housing a court of the United States, or

4.  in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or

5.  with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence,

6.  shall be fined under this title or imprisoned not more than one year, or both.

Previous courts recognizing that the State “has a legitimate interest in protecting its judicial system from such bullying tactics and maintaining a fair and orderly administration of justice have ruled that such outside influence may be banned without interfering with constitutional rights of free speech and assembly."

Interestingly, this section was amended by the crime bill of 1994, which removed the $5,000 limit on fines for violating this section, a law which James Freeman notes was passed with the support of Senator Joe Biden and co-sponsored by then-representative Charles Schumer.

These days, the supremely oleaginous Schumer said that Supreme Court justices “won’t know what hit them” if they supported anything like the Alito draft overturning Roe. (He later said he regretted that clearly threatening remark but never apologized for it.)

Indeed, it seems that Schumer is not alone in thinking that if you don’t like the way a ruling is going you can bully judges into changing their minds.

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 I am old enough to remember when Democrats opposed attempts to intimidate the court when their ruling displeased some.  But that was when the court was packed with liberals.

The Biden administration appears ready to shirk its duty to defend the court.  It may be up to the Virginia Attorney General to go after the miscreants attacking the justices.