{"id":549,"date":"2026-08-21T13:09:36","date_gmt":"2026-08-21T13:09:36","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=549"},"modified":"2026-08-21T13:09:36","modified_gmt":"2026-08-21T13:09:36","slug":"justices-navigate-rising-security-threats","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=549","title":{"rendered":"Justices navigate rising security threats"},"content":{"rendered":"

Justice James Wilson died on this day in 1798. This summer, Jesse Wegman published a biography of Wilson, highlighting, among other things, his time in debtors\u2019 prison.<\/p>

Read more Trump asks Supreme Court to hear his defamation case against CNN<\/a><\/p>

At the Court<\/h2>

Last Friday, the Trump administration urged the Supreme Court to pause a lower-court ruling that would halt construction of a new White House ballroom. The National Trust for Historic Preservation, the private nonprofit challenging the construction project, to this request on Tuesday, asking the court to leave the ruling in place. The matter is now fully briefed, so the court\u2019s response could come at any time.<\/p><\/div><\/div>

On July 27, the Trump administration asked the Supreme Court on its emergency docket to clear the way for the implementation of President Donald Trump\u2019s executive order on mail-in voting. Twelve states later echoed this request in their own application. One week later, the group of 23 states and the District of Columbia challenging the order the court to deny these requests. The matter has been fully briefed for more than two weeks; last week, the Trump administration the court to \u201cpromptly\u201d issue its decision.<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

Supreme Court justices just can\u2019t move about like they did in the good ol’ days<\/h3>

Mark Walsh, ABA Journal<\/svg><\/span><\/p>

In the not-too-distant past, Supreme Court justices navigated the Washington, D.C. area like a typical resident, driving themselves to work and sometimes going for a midday stroll. But today, amid rising security threats, they almost always travel in \u201carmored SUVs\u201d alongside personal security details, according to ABA Journal. Justices Elena Kagan and Amy Coney Barrett highlighted these shifts during their recent appearance before Congress, where they explained \u201cthe high court\u2019s request for an increase in security funding,\u201d some of which would go toward adding members to each justice\u2019s detail. \u201cNow, the threats are constant, and they\u2019re always there,\u201d Barrett told a House panel. \u201cIt\u2019s necessary now, for protection and daily activities, to have a security detail.\u201d<\/p><\/div><\/div>

Oyez, Oyez and Ahoy! Paddlers Protest John Roberts’ Private Island<\/h3>

Alex Seitz-Wald, Midcoast Villager<\/p>

Last weekend, protesters \u201carrived by kayak, canoe and rowboat\u201d to protest near Chief Justice John Roberts\u2019 vacation home in Maine. \u201cTwenty-one people \u2013 and one dog \u2013 used small paddle craft to hold a one-hour \u2018floating vigil\u2019 in the waters between Port Clyde and Hupper Island, where Roberts has a home, while another 20 people lined the edge of the public landing,\u201d according to the Midcoast Villager. \u201cOrganizers said the purpose of the \u2018By Land and By Sea Vigil\u2019 was \u2018to bring attention to Chief Justice John Roberts\u2019 transformation of the Supreme Court into a rubber stamp for authoritarianism.\u2019\u201d<\/p><\/div><\/div>

DHS Lawyer Faces Ethics Complaint Over \u2018Worst\u2019 Judges Posts<\/h3>

Suzanne Monyak, Bloomberg Law<\/p>

DHS general counsel James Percival often takes to social media to post \u201cabout the so-called \u2018worst of the worst\u2019 judges who\u2019ve ruled against the Trump administration.\u201d Now, his posts are the subject of an \u201cethics complaint filed with the Florida Bar\u201d by 128 retired judges who believe Percival is \u201cviolating professional conduct rules,\u201d according to Bloomberg Law. \u201cThe retired judges cited Florida Bar conduct rules that bar attorneys from \u2018impugning qualifications and integrity of judges or other officers,\u2019 and asked the Florida Bar to investigate Percival\u2019s conduct and \u2018take appropriate disciplinary action as soon as possible.\u2019\u201d Bloomberg Law noted that Percival is one of many members of the Trump administration who has \u201cpublicly blasted federal judges\u201d after setbacks in court. \u201cAttorney General Todd Blanche described a \u2018war\u2019 against the federal judiciary during a conference last year, though he later claimed that his remarks \u2018were not directed at judges.\u2019 Trump also called the Supreme Court justices who ruled against his signature tariffs \u2018fools\u2019 and \u2018lapdogs.\u2019\u201d<\/p><\/div><\/div>

A Few Expert Lawyers Dominate Supreme Court Arguments, a New Study Finds<\/h3>

Adam Liptak, The New York Times<\/svg><\/span><\/p>

In his newsletter for The New York Times, Adam Liptak highlighted new research confirming what many court watchers likely already assumed to be true: \u201cThese days, [Supreme Court] arguments are dominated by a small number of polished lawyers who specialize in Supreme Court advocacy.\u201d The study, focused on oral arguments that took place from October 2005 to April 2026, found that approximately 1,300 lawyers appeared before the court during that time period. However, \u201c[j]ust 20 of them accounted for more than a quarter of the words spoken by lawyers.\u201d The group of 20 includes \u201cPaul Clement, who served as solicitor general in the George W. Bush administration before going into private practice,\u201d and who \u201cargued 101 cases over those years, a figure that far outpaces other lawyers.\u201d<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
Court News<\/span>

Trump asks Supreme Court to hear his defamation case against CNN<\/h3>

By Amy Howe<\/p>

President Donald Trump has asked the Supreme Court to weigh in on his defamation case against cable news giant CNN. In a filing submitted on Aug. 14 but docketed on Thursday, Trump told the justices that \u201cCNN falsely and maliciously portrayed\u201d him \u201cas a knowing liar who fabricated objections to the 2020 election, lacked supporting evidence, and deliberately deceived the American people.\u201d<\/p><\/div>

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Contributor Corner<\/span>

What the public thinks about the emergency docket<\/h3>

By Taraleigh Davis<\/p>

In her In the Interim column, Taraleigh Davis explored public views on the emergency, or interim, docket, sharing the results of her survey of 1,455 U.S. adults. Among other findings, Davis\u2019 survey showed that only 36% of respondents had heard of this docket, but 62% said they believe emergency decisions are necessary.<\/p><\/div>

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Contributor Corner<\/span>

Slaughter\u2019s vice<\/h3>

By Chad Squitieri<\/p>

In his Major Questions column, Chad Squitieri revisited Trump v. Slaughter, in which the court held that the \u201cFederal Trade Commission\u2019s for-cause removal provision is contrary to the separation of powers enshrined in the Constitution.\u201d In Squitieri\u2019s view, that description is \u201cincomplete\u201d and \u201cindicative of a vice exhibited throughout many of the court\u2019s recent separation of powers decisions.\u201d \u201cThe problem,\u201d according to Squitieri, \u201cis that the relevant constitutional provisions [have not been] clearly analyzed by the court.\u201d<\/p><\/div>

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Podcasts<\/h2>
Advisory Opinions<\/span>

Let\u2019s Pretend We\u2019re Justices | Interview: Chris Scalia<\/h3>

David French and Sarah Isgur steelman Justice John Paul Stevens and Justice Stephen Breyer\u2019s dissents in the Heller case through a one-act play produced by ChatGPT. The two also invite Chris Scalia to play the majority opinion writer (and his late father) Justice Antonin Scalia.<\/p>

Read more Slaughter\u2019s vice<\/a><\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

Justice Alfred Moore<\/h3><\/div>

By several measures, Justice Alfred Moore drew the short end of the stick. He lost a U.S. Senate seat by a single vote, wrote exactly one opinion during his fewer than four years as a justice, and was too ill to hear arguments in the most famous case of his tenure, Marbury v. Madison<\/em>. However, the 12th justice left behind \u201cmoore\u201d than that ledger suggests (sorry).<\/p>

Moore was born in May 1755 in Brunswick County, North Carolina, into a family that had built much of the Lower Cape Fear. His grandfather founded Brunswick, while his granduncle owned the Orton plantation and, with 250 enslaved people, was the \u201clargest slaveholder \u2026 in colonial North Carolina.\u201d Moore\u2019s father was a colonial judge whose widely read essay denying Parliament\u2019s power to tax unrepresented colonists through the Stamp Act cost him his judgeship. Sent to Boston for school at age nine after his mother\u2019s death, Alfred returned to North Carolina to read law with his father and joined the bar in 1775 at age 20.<\/p>

His timing coincided with the Revolutionary War. Five months after joining the bar Moore took a captain\u2019s commission in the First North Carolina Continental Regiment, commanded by his uncle James Moore. The war would take the lives of his brother, father, and uncle: Moore\u2019s brother was killed at Brunswick Town in early 1776, and in January 1777 his father and uncle died of illness at the same place on the same day. Moore then resigned to take over the family\u2019s holdings but kept fighting as a militia colonel, causing enough difficulties for the British around Wilmington that a British major retaliated by looting the family plantation. The major promised amnesty (and the return of everything he had taken) if Moore quit his efforts for the colonies, but Moore refused.<\/p>

Following this, Moore led a relatively long public career, rising to state senator from Brunswick County in 1782 and, once James Iredell stepped aside, attorney general. The work was mostly political prosecution (the assemblies of the 1780s treated punishing former loyalists as a security matter) and it ran into a practical wall given that juries were reluctant to convict their neighbors of anything serious. Moore adapted to this by charging these individuals for lesser offenses. He resigned in January 1791 after the legislature created a solicitor general\u2019s office matching his in authority and pay, which Moore considered to be an infringement on his own role.<\/p>

Moore joined the North Carolina legislature in 1792, having earlier pushed to ratify the Constitution following North Carolina\u2019s initial refusal to do so. He also served as one of the University of North Carolina\u2019s original founders (he gave the new university $200 and a pair of globes, its first teaching equipment). Shortly after, he lost a Senate race to Timothy Bloodworth by one vote and then lost a second Senate race four years later. He subsequently took a superior court judgeship in 1798.<\/p>

When Iredell died, Adams appointed Moore to the Supreme Court, and the Senate confirmed him by voice vote in December 1799. Moore took the judicial oath the following April.<\/p>

Moore\u2019s lone opinion of five paragraphs came in the 1800 case of Bas v. Tingy<\/em>, which asked whether France qualified as an \u201cenemy\u201d under a salvage statute after an American vessel taken by the French was won back (an act of 1798 gave those who recaptured an American ship one-eighth of its value, while an act of 1799 gave them one-half if the ship had been retaken \u201cfrom the enemy\u201d after more than 96 hours in hostile hands). Moore concluded that \u201cthe honor and dignity of both nations\u201d required \u201cthat they should be called enemies, for it is by that description alone that either could justify or excuse the \u2026 confiscation which has unhappily occurred.\u201d (The Federalists approved of this, while the Republicans did not). Roughly three years later Moore missed the arguments in Marbury v. Madison<\/em> due to illness (the reason given by most, but not all sources), and took no part in the decision. Some criticized Marshall for not postponing the arguments in Marbury<\/em>, since Justice William Cushing was also absent. (Moore, too, might have had interesting arguments to add since as attorney general he had argued the losing side of Bayard v. Singleton<\/em>, an early test of judicial review.)<\/p>

Ill health forced Moore to resign from the court in January 1804, and William Johnson took his seat. Moore died at 55 on Oct. 15, 1810, at his son-in-law\u2019s plantation in Bladen County, buried with military honors. He was later moved to St. Philips churchyard at Brunswick Town. Moore County is named after the justice, and more than 200 years later, he is still the last North Carolinian to sit on the court.<\/p>

Presenting Moore\u2019s portrait to the North Carolina Supreme Court in 1899, Junius Davis put him at \u201cscarce five feet four inches in height, neat in dress, graceful in manner, but frail of body,\u201d with a \u201ckeen sense of humor, a brilliant wit, a biting tongue, a masterful logic [that] made him an adversary at the bar to be feared.\u201d<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

MR. DOUGLAS: \u201cHere’s \u2013 here’s a line that apparently somebody thought was obscenely, \u2018leave the light on is just more cozy.\u2019\u201d<\/p>

Read more What the public thinks about the emergency docket<\/a><\/p>

(Laughter.)<\/p>

MR. WHICHELLO: \u201cI think that would be debatable, Your Honor, in that case.\u201d<\/p>

\u2014 Alberts v. California<\/em>(1957)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

Plus, President Trump brings CNN case to SCOTUS.<\/p>\n","protected":false},"author":1,"featured_media":17,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,22,4],"tags":[],"class_list":["post-549","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-advisory-opinions","category-contributor-corner","category-newsletter"],"yoast_head":"\nJustices navigate rising security threats - American Service Review<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/americanservicereview.com\/?p=549\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Justices navigate rising security threats - American Service Review\" \/>\n<meta property=\"og:description\" content=\"Plus, President Trump brings CNN case to SCOTUS.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/americanservicereview.com\/?p=549\" \/>\n<meta property=\"og:site_name\" content=\"American Service Review\" \/>\n<meta property=\"article:published_time\" content=\"2026-08-21T13:09:36+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/americanservicereview.com\/wp-content\/uploads\/2026\/08\/0174e4575ec969d236c0b0f9ca954556.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"2000\" \/>\n\t<meta property=\"og:image:height\" content=\"1333\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=549#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=549\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/#\\\/schema\\\/person\\\/220bfdac1627513926924476de32dedb\"},\"headline\":\"Justices navigate rising security threats\",\"datePublished\":\"2026-08-21T13:09:36+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=549\"},\"wordCount\":1958,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=549#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/americanservicereview.com\\\/wp-content\\\/uploads\\\/2026\\\/05\\\/803a164f9e7307fb35e1310eb4a0b4fe.jpg\",\"articleSection\":[\"Advisory Opinions\",\"Contributor Corner\",\"Newsletter\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/americanservicereview.com\\\/?p=549#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=549\",\"url\":\"https:\\\/\\\/americanservicereview.com\\\/?p=549\",\"name\":\"Justices navigate rising security threats - 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