[Congressional Record Volume 172, Number 89 (Tuesday, May 26, 2026)]
[Extensions of Remarks]
[Page E487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCTION OF THE NO FENCING AT THE UNITED STATES SUPREME COURT ACT
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HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Tuesday, May 26, 2026
Ms. NORTON. Mr. Speaker, today, I introduce the No Fencing at the
United States Supreme Court Act, which would prohibit the installation
of permanent fencing at the U.S. Supreme Court. Since 2021, I have also
introduced a bill that would prohibit the installation of permanent
fencing at the U.S. Capitol complex.
After the Supreme Court's draft opinion in Dobbs v. Jackson, Women's
Health was leaked in May 2022, the Supreme Court installed temporary
anti-climb fencing around its grounds, which remained in place until
late August 2022. While the Supreme Court has not announced plans to
install permanent fencing, temporary security measures often become
permanent.
While I understand the importance of protecting the Supreme Court
building, Supreme Court Justices and Supreme Court employees, we can
and must maintain our commitment to security without sacrificing public
access by using the least restrictive means necessary to address
security.
Permanent fencing would send an un-American message to the Nation and
the world by transforming our democracy from one that is accessible and
of the people to one that is exclusive and fearful of its own citizens.
The Supreme Court has long welcomed First Amendment demonstrations
without becoming a fortress.
Public property should be open to the public. The distance between
government and the people has grown, with trust in government,
including the Supreme Court, at an all-time low. We should not increase
that distance by placing intimidating barriers between public servants
and the people they serve. There are more effective, less obtrusive
security solutions than archaic fencing.
Moreover, the Supreme Court is in a residential neighborhood in the
District of Columbia. The Supreme Court grounds are widely used by both
Washington, D.C. residents and visitors. Permanent fencing would block
that use.
I urge my colleagues to support this bill.
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