“For weeks on finish, massive teams of protesters chanting slogans, utilizing bullhorns, and banging drums have picketed Justices’ houses in Maryland,” the letter to Hogan mentioned. “Earlier this week, for instance, 75 protesters loudly picketed at one Justice’s dwelling in Maryland for 20-Half-hour within the night, then proceeded to picket at one other Justice’s dwelling for Half-hour, the place the gang grew to 100, and at last returned to the primary Justice’s dwelling to picket for an additional 20 minutes. That is precisely the type of conduct that the Maryland and Montgomery County legal guidelines prohibit.”

The marshal cited Maryland regulation, which states that “[a] individual might not deliberately assemble with one other in a fashion that disrupts an individual’s proper to tranquility within the individual’s dwelling” and that regulation “offers for imprisonment for as much as 90 days or a $100 nice.”

The letters dated July 1 additionally cite a Montgomery County regulation that claims “[a] individual or group of individuals should not picket in entrance of or adjoining to any non-public residence,” and a regulation that claims a gaggle can march in a residential space “with out stopping at any specific non-public residence.”

Abortion rights advocates had initially taken to the streets outdoors the justices’ homes after the draft of an opinion by the Supreme Court docket signaling that it deliberate to overturn Roe v. Wade was leaked to Politico in Could. Protesters continued gathering outdoors the houses once more in June when the 49-year-old resolution that ensures an individual’s constitutional proper to abortion was formally over turned.

Following the discharge of the leaked draft, however earlier than the courtroom issued its opinion in Dobbs v. Jackson Girls’s Well being Group, a California man was arrested close to Justice Brett M. Kavanaugh’s dwelling in Chevy Chase and charged with making an attempt to kill a choose. Nicholas Roske, is accused of flying to Maryland with a gun and housebreaking instruments with plans to interrupt into Kavanaugh’s dwelling to kill him. Prosecutors mentioned he was indignant over the leaked draft and the current college taking pictures in Uvalde, Tex. Roske has pleaded not responsible.

“Maryland and Montgomery County legal guidelines present the instruments to forestall picketing exercise on the Justices’ houses, and they need to be enforced directly,” mentioned one of many letter’s from Curley, who can also be main the investigation into the Politico leak.

The continuing demonstrations outdoors of justices’ houses have sparked authorized debate over whether or not legal guidelines banning picketing outdoors of the non-public houses of judges are constitutional.

It was not instantly clear Friday whether or not officers or regulation enforcement had acquired the marshal’s letter or how they intend to reply to the request.

Maryland State Police, the Montgomery County Police Division, spokespeople for Hogan and Elrich, and the Supreme Court docket of the US didn’t instantly reply to requests for remark concerning the letter on Friday evening.

The Montgomery County Police Division web site says on its homepage: “The Montgomery County Division of Police is dedicated to preserving the primary modification rights of all people wishing to take part in peaceable, lawful, protest and meeting,” and hyperlinks to an inventory of protest legal guidelines “to help in educating the group,” together with these cited within the Supreme Court docket marshal’s letters.

“Peaceable, lawful protest and meeting is a cornerstone of our democracy,” the doc on the county police web site reads.

Curley’s letters quoted earlier feedback from Hogan and Elrich relating to protests at justices’ dwelling, together with an announcement from a Hogan information launch saying, “We’ll proceed to accomplice with each federal and native regulation enforcement officers to assist guarantee these residential areas are safe.”

Within the letter addressed to Elrich, Curley mentioned a request was made in Could to the county police division about implementing the Montgomery County ordinance.

The letter additionally quoted a information report through which a Montgomery County official mentioned folks “can’t statically protest in entrance of somebody’s home for political causes” and protesters are typically informed they must be shifting and might’t keep in a single place for an prolonged time frame. It additionally quoted a letter revealed in The Washington Submit from the writer of the county ordinance urging the county govt and police division to implement the regulation.

“It’s towards the regulation in Montgomery County to picket at an individual’s dwelling for a problem that’s about an individual’s work,” mentioned the letter, quoting former councilwoman Gail Ewing.