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Sens. Cory Booker, D-N.J., and Ted Cruz, R-Texas., sparred Tuesday over the uptick in threats made to federal court judges during President Donald Trump’s second term. Their heated standoff comes as federal judges have issued a record number of injunctions against the flurry of executive actions by the president.
The testy exchange took place during a Senate Judiciary Subcommittee hearing titled “The Supposedly Least Dangerous Branch: District Judges v. Trump.”
Cruz, the subcommittee chair, used his remarks at the outset of the hearing to take aim at Democrats on the subcommittee, who he said were “utterly silent” about judicial threats under the Biden administration, including after threats were made against conservative Supreme Court justices.
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Cruz took aim at Senate Minority Leader Chuck Schumer, D-N.Y., for “unleashing” protesters who gathered outside the homes of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh prior to their decision in Dobbs v. Jackson Women’s Health Organization – the landmark ruling that overturned a 50-year-old abortion rights precedent – which he later said was ironic given the current “pearl-clutching” stance of Democrats on the panel.
His remarks sparked a quick rebuke from Booker, who said, “Something you said is actually dangerous, and it needs to be addressed.”
“This implication that there was silence [from Democrats on the panel] at a time there were threats on people’s houses is absolutely absurd,” he continued.
“I remember the rhetoric and the comments, the concern from [Sen. Chris Coons, D-Del.],” Booker said. “I actually distinctly remember you, chairman, on more than one occasion, condemning those attacks on Republican-appointed jurists.”
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“To say things like that just feeds the partisanship in this institution, and it feeds the fiery rhetoric. And it’s just plain not true,” Booker added.
In response, Cruz argued the “angry mobs” that appeared outside the homes of conservative Supreme Court justices prior to their decision in Dobbs were in violation of U.S.C. Section 1507. That law prohibits picketing outside the homes of judges or justices’ homes in a way that could influence their decision or otherwise obstruct justice.
Despite the protests, Cruz said, the Biden-led Justice Department “prosecuted nobody.”
“I really appreciate that you have now shifted the accusation you made earlier,” Booker shot back. “Your accusation was that we were silent in the face of protests at Supreme Court justices’ homes. Again, we joined together in a bipartisan way, not only to condemn that but to pass legislation to extend round-the-clock security protection. So if you’re saying we didn’t criticize –” he started before Cruz interjected.
“Did the Biden DOJ go out and arrest a single person under this law?” the Texas lawmaker asked.
Booker attempted to respond before Cruz interrupted again, “Did the Biden DOJ arrest even one [person]? Again, the answer is no.”
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Booker attempted once more to respond before Cruz interrupted again, prompting Booker to raise his voice.
“I did not interrupt you, sir, I would appreciate it if you would let me finish,” he told Cruz.
“I am sick and tired of hearing the kind of heated partisan rhetoric, which is one of the reasons why we have such divisions in this country,” Booker continued, prompting Cruz to laugh openly in response.
“The attacks we see from the president of the United States of America, trolling and dragging judges through is what we should be talking about,” Booker said.
“I’m simply taking issue with the claim that you made at the top, that people on the Democratic side of the aisle do not care about the safety and the security of judges and said nothing,” he continued, adding that the notion that his Democrat colleagues said nothing in the face of Supreme Court justice threats “is a patent lie.”
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The two continued arguing before Cruz said, “Let the record reflect that Spartacus did not answer the question and did not tell us whether the criminal law” under U.S.C. Section 1507 should be enforced, “because he knows the answer is yes.”
The hearing comes as the number of threats against federal judges has spiked during Trump’s second term, which has seen hundreds of federal lawsuits filed in courts across the country seeking to either pause or halt the flurry of sweeping executive orders and actions taken by the president.
Trump has repeatedly criticized what he called “activist judges,” prompting Supreme Court Chief Justice John Roberts to issue a rare public warning.
The U.S. Marshals Service said last week that it has investigated more than 370 threats against federal judges since Trump’s inauguration in January, which is a sharp rise from 2024, when 509 people were investigated during the entire year.
Democrats on the panel used Tuesday’s hearing to renew requests for the Justice Department and FBI to investigate an uptick in anonymous “pizza deliveries” sent to federal judges, which can be used as a threat or warning to let judges know their home address is known.
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