Police To Crack Down On Loud Protests At Supreme Court Justice Homes

CHEVY CHASE, MD — Montgomery County Police are letting demonstrators know they must turn down the volume of their protests outside the homes of U.S. Supreme Court justices in Chevy Chase, Maryland, or else they could be subject to enforcement measures for violating Maryland's disorderly conduct statutes.

Weeks of protests outside the homes of Justice Brett Kavanaugh and Chief Justice John Roberts, who live less than a mile apart, have been peaceful, but at times they have been loud as protesters use bullhorns, drums and loud chants.

The protests are occurring in response to Kavanaugh and Roberts voting with the majority in the decision, released in June, that declared the constitutional right to abortion, upheld for nearly a half century, no longer exists. The court's decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe V. Wade, was leaked in early May, leading members of the public to begin protests at the homes of the justices.

"Please note: MCPD supports the first amendment right to protest, however anyone violating the disorderly conduct statute may be subject to arrest. Applicable laws regarding protests in Montgomery County have been added to the MCPD website," police tweeted Wednesday evening.

Montgomery County Police will not necessarily move protesters away from the homes of Kavanaugh and Roberts for gathering, the police department told CNN. But police will enforce statutes against disturbing the peace.

Protesting quietly or silently is fine, but loud protests will be stopped, the department said.

The decision by Montgomery County Police comes after Supreme Court Marshal Gail Curley sent letters to elected officials in Maryland and Virginia earlier this month urging them to not allow people to peacefully protests outside the homes of the justices.

Supreme Court justices have been provided with around-the-clock security at their homes since the leak of the Dobbs opinion in early May. Congress passed a bill in June granting additional security protections for families of the justices.

On its website, the Montgomery County Police Department said it is "committed to preserving the first amendment rights of all individuals."

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"There are content neutral Montgomery County Code and Maryland Law provisions that restrict protesting and assembling in a private neighborhood, as well as disturbing the peace," the police department said.

According to the county code, "a person or group of persons must not picket in front of or adjacent to any private residence." Picket or picketing is defined by the county as posting "a person or persons at a particular place to convey a message."

The county code does allow people to march in a residential area without stopping at any particular private residence.

Before a protester can be charged with disturbing the public peace, disorderly conduct, or temporary detention, they must first be warned by police, according to the Montgomery County Police Department.

Earl Stoddard, Montgomery County’s assistant chief administrative officer, wrote on Twitter that a “point of emphasis” for county police would be the portion of state law prohibiting people from “making an unreasonably loud noise” at a home.

After the Supreme Court decision overturning Roe V. Wade was leaked in early May, protests also have occurred at the homes of Justices Samuel Alito, Clarence Thomas and Barrett, who all live in Fairfax County, Virginia.

Last week, Montgomery County Executive Marc Elrich said the Montgomery County Police Department has been doing "a great job balancing these competing demands for freedom of speech and public safety concerns."

"We, as a county, are not encouraging these protests, but we won't deny them their constitutional right to protest, as long as they do it in a lawful way," he said.