A suggestion from the Supreme Court marshal last weekend to limit pro-abortion activism outside of justices' homes after the high court overruled Roe v. Wade has met with some pushback from officials in Virginia and Maryland, The Washington Post reported.
Supreme Court official Gail Curley sent letters on Friday to Republican Govs. Larry Hogan of Maryland and Glenn Youngkin of Virginia, as well as two top Democratic officials in both states, emphasizing that threats against justices have persisted since May.
"Since then, protest activity at justices' homes, as well as threatening activity, has only increased," Curley wrote. "This is exactly the kind of conduct that Maryland and Montgomery County laws prohibit."
Hogan appeared receptive to Curley but said it was the federal government's duty to enforce statutes related to the prohibition of picketing in front of justice's homes. Likewise, a spokesperson for Youngkin said he "agrees with the Marshal."
However, authorities in Maryland's Montgomery County and Virginia's Fairfax County pushed back against the recommendation, explicitly calling out the public release of the letters, according to the Washington Examiner. Some constitutional arguments were raised about the right to assembly.
Montgomery County Executive Marc Elrich said he spoke with Police Chief Marcus Jones, noting that additional security was unnecessary and that the letter's publicity was "irresponsible and disappointing behavior."
Fairfax County Board of Supervisors Chairman Jeffrey McKay stated, "The law cited in the letter is a likely violation of the First Amendment, and a previous court case refused to enforce it."
"As long as individuals are assembling on public property and not blocking access to private residences, they are permitted to be there," he added.
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