Why are justices Amy Coney Barrett and Elena Kagan testifying before Congress? Key details here

Justices Amy Coney Barrett and Elena Kagan will appear before Congress. Read to know why

US Supreme Court Justices Amy Coney Barrett and Elena Kagan will testify before Congress on Tuesday. They will appear before House and Senate Appropriations subcommittees. This is a very rare event. Sitting Supreme Court justices do not often testify before Congress. The last time a justice appeared before Congress was in 2019.

Here's why Amy Coney Barrett and Elena Kagan are testifying before Congress. Seated (L-R): Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., Samuel A. Alito, Jr. and Elena Kagan. Standing (L-R): Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh and Ketanji Brown Jackson. (REUTERS/Evelyn Hockstein/File Photo) (REUTERS)

The main reason for their appearance is the Supreme Court's budget request for the 2027 financial year. The Supreme Court is asking Congress to approve more money for its operations. The court has requested a $20.6 million increase in its budget for fiscal year 2027. Most of that extra money is meant for security. More than $16 million of the requested increase would go towards protecting Supreme Court justices at work and at their homes, according to the Washington Post.

Why Supreme Court wants more security money

The judiciary says stronger security is needed because threats against judges have increased. There has been a rise in political violence and direct threats against Supreme Court members. The federal judiciary is making a rare personal appeal to Congress for extra security funding.

Justice Amy Coney Barrett was chosen to speak because she has personally faced several security threats. Gabe Roth, executive director of Fix the Court, said Barrett has "firsthand experience" with the issue and is "a smart pick" for the testimony, according to CNN.

Threats against US Supreme Court justices

The judiciary says attacks and threats against judges have sharply increased. Incidents classified as being of "significant concern" rose 57% in 2025, according to the US Marshals Service. The judiciary is also seeking higher security funding to protect judges, justices and their families.

Amy Coney Barrett under spotlight

Barrett may also face questions about recent rulings where she voted against Trump's position. She joined the majority in decisions that blocked Trump's attempts to end birthright citizenship through an executive order and to enforce sweeping global tariffs. These decisions have upset some conservatives. Even though Barrett usually votes with the court's conservative wing, she has faced criticism from some Trump supporters over these rulings.

What Congress may ask the justices

Congress may also ask about ethics and court transparency. Lawmakers are expected to raise questions about ethics rules, prediction markets, internal leak prevention and past controversies involving luxury travel by some justices.

Justice Elena Kagan is also expected to focus on the need for stronger security funding. However, she too may face questions on broader issues involving the court. Some legal experts support the extra security funding. Gabe Roth said the judiciary needs enough staff and protection because of growing threats, according to CNN.

At the same time, Roth said Congress should carefully review the request. He said lawmakers should examine the large increase instead of approving it without scrutiny. Justice Clarence Thomas has also spoken publicly about growing security concerns. He said it has become much harder for him to take part in activities outside the courthouse because the security risks have increased over the years.