Introduction of the No Fencing At the United States Supreme Court Act

Floor Speech

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Ms. NORTON. Mr. Speaker, today, I introduce the No Fencing at the United States Supreme Court Act, which would prohibit the installation of permanent fencing at the U.S. Supreme Court. Earlier this year, I introduced a bill that would prohibit the installation of permanent fencing at the U.S. Capitol complex.

After the Supreme Court's draft opinion in Dobbs v. Jackson Women's Health was leaked in May 2022, the Supreme Court installed temporary anti-climb fencing around its grounds, which remained in place until late August 2022. While the Supreme Court has not announced plans to install permanent fencing, temporary security measures often become permanent.

While I understand the importance of protecting the Supreme Court building, Supreme Court Justices and Supreme Court employees, we can and must maintain our commitment to security without sacrificing public access by using the least restrictive means necessary to address security.

Permanent fencing would send an un-American message to the nation and the world by transforming our democracy from one that is accessible and of the people to one that is exclusive and fearful of its own citizens. The Supreme Court has long welcomed First Amendment demonstrations without becoming a fortress.

Public property should be open to the public. The distance between government and the people has grown, with trust in government, including the Supreme Court, low. We should not entrench that distance further by placing intimidating barriers between public servants and the people they serve. There are more effective, less obtrusive security solutions than archaic fencing.

Moreover, the Supreme Court is in a residential neighborhood in the District of Columbia. The Supreme Court grounds are widely used by both D.C. residents and visitors. Permanent fencing would block that use.

I urge my colleagues to support this bill.

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