The Corner

Law & the Courts

Is This the Precedent Democrats Want to Set?

Supreme Court Associate Justice Brett M. Kavanaugh on Capitol Hill in Washington, D.C., Dec. 3, 2018 (Jabin Botsford/Reuters)

Last Wednesday, Supreme Court justice Brett Kavanaugh was harassed by protesters while eating dinner with his family at Morton’s The Steakhouse in downtown Washington, D.C. ShutDownDC activists showed up outside the restaurant after receiving a tip that the justice was dining there. The far-left activist group tweeted:

The protesters called the manager of the restaurant to urge him to kick out Kavanaugh. According to Politico, a person familiar with the matter said Kavanaugh did not see or hear the protestors outside and left the restaurant before having dessert. However, about an hour after their original tweet, ShutDownDC tweeted: 

However, the restaurant came out in support of the justice. A representative for the restaurant chain gave a statement to Politico, saying, “Politics, regardless of your side or views, should not trample the freedom at play of the right to congregate and eat dinner.”


ShutDownDC plans on making life hell for the other conservative justices as well. They have started a tipline, claiming they are willing to pay people who alert the activist group when they see one of the justices out in public. The group tweeted:

Alexandria Ocasio-Cortez (D., N.Y.), mocked the harassment of Kavanaugh, saying, “Poor guy. He left before his soufflé because he decided half the country should risk death if they have an ectopic pregnancy within the wrong state lines. It’s all very unfair to him. The least they could do is let him eat cake.” Of course, as John McCormack points out, no state bans treatment for ectopic pregnancies. 

Other Democrats joined AOC in effectively defending the harassment of Kavanaugh. MSNBC contributor and the Nation writer Elie Mystal tweeted:

Andy Campbell, senior editor at the Huffington Post, tweeted:

What is most disconcerting about AOC and left-wing media members’ mockery and belittlement of the Kavanaugh incident is the precedent that it sets. If it is okay to harass a Supreme Court justice while he is at dinner, what is off-limits? Supreme Court justices are public officials, but they are not elected politicians. They are meant to be immune to public opinion, not bend to it. Their job is simply to interpret the Constitution. Treating the justices like they are congressmen, who often change their positions to appease their voters, will only further erode Amercans’ distrust in our most-sacred institutions and foment greater political polarization.




When Fox News White House correspondent Peter Doocy asked where the White House believes the line can be drawn regarding protesting Supreme Court justices, White House press secretary Karine Jean-Pierre responded, “Peaceful protest, people should be allowed to be able to do that.” Doocy fired back, “In a restaurant?” “If it’s outside of a restaurant, if it’s peaceful, for sure . . . this is what a democracy is,” Jean-Pierre responded. This is ridiculous. Harassing a Supreme Court justice should never be condoned. That is not “democracy.” It is an attempt at intimidation.

The game can be played both ways. It is doubtful that Democrats would be okay with far-right groups harassing Sonia Sotomayor, Elena Kagan, or Ketanji Brown Jackson. Presumably, if that happened, they would be just as outraged as conservatives are right now over the harassment of Kavanaugh, who was the subject of an attempt on his life just over a month ago. Democrats are playing a dangerous game by endorsing this shameful behavior. Intimidation should always be condemned. Why hasn’t Attorney General Merrick Garland weighed in?

Jack Wolfsohn, formerly an intern at National Review, is a candidate for a Master’s in Strategy, Cybersecurity, and Intelligence at Johns Hopkins University SAIS. Following graduation, he hopes to join the intelligence community, the State Department, or the Department of Defense.
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