Justice Alito says ‘very little was done’ about intimidating protests 1/2
By Alex Swoyer and Stephen Dinan 10/7/26
Justice Samuel A. Alito Jr. said “threatening” protests against the Supreme Court are part of a campaign to try to intimidate the justices, andhe lamented that neither the Biden Justice Department nor local prosecutors attempted to charge those who engaged in the demonstrations.
“I think there has been a campaign to try to intimidate the court and some of the justices because of displeasure with some of our decisions. And if the campaign to intimidate us and affect our votes does not succeed, the next objective is to discredit the court as a whole or at least some of the justices,” he told The Washington Times.
“I think it’s alarming. I think it contributes to a decline in public respect for the court and can ultimately have a serious effect on our standing,” he said.
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He was particularly troubled by unruly protests in 2022, after the leak of his draft opinion in the Dobbs case that would eventually overturn Roe v. Wadeand return the regulation of abortion to the states.
“It is illegal under federal law to try to influence a judge’s decision by improper means. Putting pressure or intimidation by having a threatening protest outside a judge’s house — one can certainly argue it falls under the federal statute,” he said.
He said state laws in Maryland and Virginia, where the justices live, could have been used but were not.
“Nothing was done under the federal statute, and the local prosecutors in Montgomery County, where some of the justices live, and Fairfax County, where other[s] of the justices live, did nothing,” he said.
Asked whether he had made referrals, Justice Alito said he did not do it personally but believed “communications” were made to the local prosecutors.
“They both made clear they were not going to do it,”he said.
The federal law carries a five-year statute of limitations, so the Trump Justice Department could still pursue a case if it wanted.
“You would have to go back and identify the protesters,” Justice Alito said.
He recounted a protest that unexpectedly appeared outside his home ahead of a visit from his grandchild. The protesters were insulting his wife, yelling, “F—- Martha-Ann,” beating drums and blowing horns.
The Washington Times sought comment from the Justice Department, the commonwealth’s attorney in Fairfax County and the state’s attorney in Montgomery County. None responded by deadline.
https://www.washingtontimes.com/news/2026/oct/7/supreme-court-justice-samuel-alito-says-little-done-intimidating/