Sen. Kennedy pushes back on Supreme Court's $228 million budget request: 'There's not a money fairy up here'

By 
, July 16, 2026

Sen. John Kennedy told Fox News he won't rubber-stamp the Supreme Court's request for a roughly $20 million budget increase, even as two justices made rare trips to Capitol Hill to warn that threats against federal judges have reached alarming levels.

The Louisiana Republican, who sits on the Senate Appropriations Committee, offered a blunt assessment of the court's fiscal year 2027 ask after Justices Elena Kagan and Amy Coney Barrett testified in back-to-back congressional hearings before House lawmakers. The court wants $228 million for the year beginning October 1, with more than $15 million earmarked for security upgrades, including six additional agents for each justice's personal protection detail and a new off-site residential security office.

Kennedy wasn't buying it wholesale. As The Hill reported, the senator told host Griff Jenkins:

"They're like everybody else up here. Their favorite type of spending is more."

He added the line that summed up his posture: "There's not a money fairy up here."

Justices make their case on Capitol Hill

It is unusual for sitting Supreme Court justices to appear before congressional committees to plead for money. That Kagan and Barrett, one from the court's liberal wing, one from its conservative bloc, showed up together underscores how seriously the bench takes the current threat environment.

Barrett told House lawmakers that the danger facing federal judges across the country is "really high." She put the numbers in personal terms:

"The statistics sound abstract, but being on the receiving end of them is not."

Kagan, for her part, said the court's goal is to grow the security details over time. "Over time, we'd like that detail number to increase," she told lawmakers.

The statistics backing up their request are not trivial. U.S. Marshals Service data show at least 370 threats against federal judges recorded in the current fiscal year, with more than 500 protective investigations conducted. Those numbers represent the broader federal judiciary, not the Supreme Court alone, but they paint a picture of a bench under sustained pressure.

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A court that has lived through real attacks

The justices did not have to reach far for examples. In 2022, after the Dobbs v. Jackson Women's Health Organization decision leaked, protesters gathered outside the homes of conservative justices. Barrett recounted coming home wearing a bulletproof vest and an exchange with her son that followed. The Supreme Court has remained at the center of the nation's most contentious legal battles, and the personal costs have been real.

That same year, Sophie Roske arrived at Justice Brett Kavanaugh's Maryland home carrying a pistol, zip ties, and pepper spray. The incident was described as an assassination attempt. More recently, this spring, Barrett's Virginia home was targeted in a swatting incident, a false emergency call designed to trigger an armed law enforcement response.

These are not hypothetical risks. They are documented events involving named individuals and specific weapons. And they form the core of the court's argument that existing security is insufficient.

Kennedy's counter: existing protection is 'strong as horseradish'

Kennedy acknowledged the threats but questioned whether the answer is simply more spending. Each justice currently travels with a personal security detail of between four and eight officers, a number that can fluctuate based on assessed risk.

The senator was characteristically colorful in his assessment:

"I don't mean to sound unsympathetic, but four to eight cops with you at all times as part of your security detail is strong as horseradish."

He promised to review the request but drew a firm line against special treatment. "I'll take a look at their request, but I'm not going to just automatically treat them any differently," Kennedy said.

That posture reflects a broader tension within the Republican conference. Conservatives have spent years demanding fiscal discipline across the federal government. Granting the judiciary an automatic pass, even for a sympathetic cause like protecting justices from armed attackers, would undercut that message. The question is whether the threat data is strong enough to justify the price tag, or whether existing resources can be better deployed.

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The politics of judicial security

There is an uncomfortable political dimension here that neither side is eager to discuss openly. The surge in threats against the Supreme Court tracks closely with the court's most consequential, and most controversial, conservative rulings. Dobbs. The affirmative action cases. Second Amendment decisions. When institutions have openly defied Supreme Court rulings, the political temperature around the judiciary has only risen.

Democrats spent months in 2022 refusing to pass standalone legislation to enhance Supreme Court security, even after the Kavanaugh incident. The delay became a talking point on the right, evidence, conservatives argued, that the left was willing to let political anger simmer around justices whose rulings it opposed.

Now it is a Republican senator pumping the brakes on a security funding increase. Kennedy's objection is fiscal, not ideological, he is applying the same skepticism he would bring to any agency's budget request. But the optics are tricky. The court is asking for protection. The threats are documented. And the senator's answer, however principled on spending grounds, is essentially: prove you need it.

The broader context matters. Congress has repeatedly asserted its authority over the other branches on questions of funding, structure, and institutional power. The appropriations process is one of the legislature's most direct levers over the judiciary, and Kennedy is making clear he intends to use it.

What the numbers actually show

Strip away the rhetoric and the budget request breaks down simply. The court wants $228 million total. That is roughly $20 million more than the previous fiscal year. Of that increase, more than $15 million goes to security, expanding each justice's detail by six agents and building out a residential security office that would operate off-site from the court itself.

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The remaining increase presumably covers operational costs, staffing, and other line items, though the specific breakdown beyond security was not detailed in the justices' testimony.

Whether Kennedy and his colleagues on the Appropriations Committee will approve the full request, trim it, or restructure its priorities remains an open question. The senator has not said he will vote against the funding. He has said he will not wave it through. In Washington, that distinction matters, it is the difference between opposition and oversight.

The Supreme Court has faced scrutiny from multiple directions in recent years. Even its own members have publicly challenged the institution's decisions, and congressional interest in the court's operations, from ethics to security to case selection, has only intensified.

Fiscal discipline meets physical safety

Kennedy's position is not unreasonable on its face. Every federal agency claims it needs more money. Every budget request comes wrapped in urgency. A senator who treats the Supreme Court's ask with the same rigor he would apply to the Department of Education or the EPA is doing his job.

But this is not a request for new office furniture or expanded clerk hiring. It is a request driven by a documented assassination attempt, a swatting attack on a justice's home, and 370 recorded threats against federal judges in a single fiscal year. The Marshals Service conducted more than 500 protective investigations. Barrett wore a bulletproof vest home.

The Supreme Court's work touches nearly every contested issue in American life. The justices who do that work should not have to beg for protection. But neither should Congress hand over a blank check without asking hard questions.

Kennedy is right that there is no money fairy. He would be wise to remember there is no security fairy, either.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson