Supreme Court Justices Elena Kagan and Amy Coney Barrett will testify before Congress next Tuesday, a rare appearance before a coequal branch that comes just weeks after the court wrapped up a contentious and consequential term.
It’s the first time since 2019 — when Justices Kagan and Samuel A. Alito Jr. appeared side by side — that members of the high court will testify before a committee on Capitol Hill. (Justice Clarence Thomas was spotted on the Hill just last week, but he did not appear to be testifying before lawmakers.)
Kagan, a liberal, and Barrett, a conservative, will appear before the House Appropriations subcommittee that approves funding for the court. The court has requested a $20.6 million budget increase for fiscal 2027, including a $14.6 million increase to bulk up security for the justices at work and a $2 million boost in security for their homes.
Judicial security is a sensitive topic in a highly polarized political moment that has seen more threats and attacks against judges.
The joint appearance comes as the court’s conservative and liberal factions increasingly aim spicy language at each other, although Kagan and Barrett are not among the court’s biggest fire-breathers.
While the hearing will focus on budget matters, House members have latitude to stray from the subject at hand, and they could fire off questions on any number of controversial topics.
The high court just ended a highly significant term that included a decision giving President Donald Trump greater power over federal agencies. It’s unclear whether the court’s recent rulings will come up, but in 2019 Kagan and Alito faced questions about a possible court ethics code and whether its hearings should be televised.
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