In four letters sent to Gov. Larry Hogan of Maryland; Gov. Glenn Youngkin of Virginia; Jeffrey McKay, the chairman of the Fairfax County Board of Supervisors. and Marc Elrich, Montgomery County Executive Superior Court Marshal Gail A. Curley cited protests and “threatening activity” in her request. After a leaked draft opinion in early May showed that the court’s conservative majority was poised to overturn Roe v. Wade, which guaranteed the constitutional right to abortion, protesters regularly gathered outside those justices’ homes to denounce the decision. The court officially issued its opinion at the end of June. “Protesters gathered outside a Fairfax County home of Justice’s Fairfax and chanted expletives,” read the letter to Mr. Youngkin, which was sent on Saturday. “And dozens showed up outside someone else’s home in Fairfax County chanting ‘no privacy for us, no peace for you!’ This is precisely the type of conduct that Virginia law prohibits.” The laws Ms. Curley cites are both state and local ordinances that would prohibit various types of demonstrations outside private residences with certain exceptions, but it is unclear whether the protesters necessarily violated the laws.
From the Opinion: The End of Roe v. Wade
Commentary by Times Opinion writers and columnists on the Supreme Court’s decision to end the constitutional right to abortion.
Michelle Goldberg: “The End of Roe v. Wade was predicted, but in large swathes of the country, it has still created sad and potentially tragic uncertainties.” Spencer Bokat-Lindell: “What exactly does it mean for the Supreme Court to be experiencing a legitimacy crisis and is it really in one?” Bonnie Kristian, reporter: “For many supporters of former President Donald Trump, Friday’s Supreme Court decision was a long-awaited vindication.” It may also mark the end of his political career. Erika Bachiochi, legal scholar: “It is precisely the unborn child’s state of existential dependence on its mother, not its autonomy, that makes it particularly entitled to care, upbringing and legal protection.”
In one of her letters, Ms. Curley also referred to the arrest last month of a California man who was found with a handgun and other weapons near the Chevy Chase, Md., home of Judge Brett M. Kavanaugh. Federal officials said the man planned to break into the judge’s home to kill him and charged him with attempted murder. On the evening of June 24, after the Supreme Court ended nearly 50 years of abortion rights, a small crowd shouted, sang and banged pots and pans on the quiet street in Burke, Va., where Justice Clarence Thomas lives. The police cordoned off the entire block. Protesters also appeared outside Judge Kavanaugh’s home, seemingly outnumbered by police, and security trucks were seen guarding the home of Justice Samuel A. Alito Jr. in Alexandria, Va. Protests sparked by the leaked draft opinion heightened concerns about the safety of judges, and a fence was erected around the Supreme Court building in response to the protests. Last month, the House quickly passed a bill extending police protection to the immediate families of Supreme Court justices. The Senate has already passed the legislation and is awaiting President Biden’s signature. All six Republican-appointed judges live in wealthy enclaves in Fairfax County, Va., and Montgomery County, Md., which border Washington. Mr. Elrich, the Fairfax County official, said in a statement that he had no record of a letter from Ms. Curley, but criticized her request, saying the federal government was primarily responsible for ensuring the safety of justice and families . “It’s very troubling that the court was taking this approach,” Mr. Elrich said. “If the marshal cares about safety, then she and her staff should be communicating directly with our police chief, me and my staff instead of releasing a letter to the press.” In a statement, the Fairfax County Police Department said it is responsible for protecting the public, including three judges, and ensuring people’s constitutional right to protest. He was “well versed” in the laws governing protests, he said, adding that he had a unit specifically “trained to assist crowds gathering to express their views”. Both Mr. Youngkin and Mr. Hogan have previously expressed concern about the protests. In a statement posted on Twitter on Saturday, Mr. Hogan’s communications director said that “the governor has directed the Maryland State Police to further review enforcement options that respect the First Amendment and the Constitution.” He added that the Justice Department had rejected a request by Mr. Hogan to enforce federal laws barring protest at judges’ residences. Sadie Kuhns, an organizer with Our Rights DC, a group formed by protesters in May that has staged more than 30 demonstrations outside the homes of conservative judges, said the group has seen no law enforcement response to its protests. and he doesn’t intend to stop. “These six people control the lives of millions of people,” Ms Kuhns said. “And if the only thing we can do is peacefully exercise our First Amendment rights outside their homes, that’s what we’re going to do. It empowers people.”
