Protests being held outside Supreme Court justices' homes over their apparent plans to overturn the 1973 Roe v. Wade decision allowing abortion are illegal, according to a UCLA law professor.
In recent days, protesters who oppose overturning Roe have picketed at the homes of Chief Justice John Roberts and Justice Brett Kavanaugh. Protests are planned on May 11 at the homes of Roberts, Kavanaugh, Neil Gorsuch, Clarence Thomas, Amy Coney Barrett and Samuel Alito, Mediaite reported.
Protests began nationwide following a Politico report of a leaked draft opinion written by Alito indicating that the conservative justices would vote to overturn the historic decision. Roberts was not part of the majority vote and has reportedly attempted — unsuccessfully — to sway justices, most notably Kavanaugh, to the other side.
Eugene Volokh, appearing on a recent edition of ''The Dan Abrams Show'' on SiriusXM satellite radio, cited the ''U.S. Code, Title 18. Crimes and Criminal Procedure § 1507. Picketing or parading.''
''Pickets or parades in or near a residence occupied or used by such judge, juror or witness shall be guilty of misdemeanors,'' Volokh told Abrams. ''That's the statute. It's there. You know, you can argue it's good or bad, but it's there. Now you might ask. Well, is it constitutional?''
Volokh cited a 1965 case in which ''the Supreme Court upheld a different part of that statute, which banned picketing or parading near a courthouse.''
In that case, the statute was upheld as constitutional, he said.
The statute reads:
Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.
Nothing in this section shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt.
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