The U.S. Supreme Court building in Washington, D.C., on July 22, 2019. Photo: Diego M. Radzinschi/ALM

The Senate Judiciary Committee on Thursday will consider a proposal aimed at improving security for U.S. Supreme Court justices, not only in the United States but abroad as well.

At the hearing, where a slate of judicial appointees and one U.S. attorney are set to be considered, the committee will also weigh S. 2511, a bill that would expand the jurisdiction of the marshal of the Supreme Court and the court's police force to protect justices "in any location." The current version of the relevant part of the U.S. code, 40 U.S.C. 6121, confines the authority to "any state."

The bill also would make the authority permanent, deleting the provision in the current statute that sunsets it Dec. 29. Another provision of the current law authorizes law enforcement to protect "an official guest" of the court, and to carry firearms to provide that protection, if the chief justice or an associate justice authorizes it. The proposed bill would expand that power beyond U.S. borders as well.

Committee chairman Lindsey Graham, R-South Carolina, and Sen. Kyrsten Sinema, D-Arizona, introduced the bill Sept. 19.

In a statement at the time, Graham said, "I'm very pleased to be working with Senator Sinema on this necessary legislation to protect the Supreme Court. We live in volatile times and this bill will permanently reauthorize security for the Supreme Court Justices when they travel outside the grounds of the Court. The rule of law is one of the fundamental principles of democracy, and we should do all we can to protect our judicial institutions. I'm certain this bill will become law."

Sinema stated: "Permanently renewing the Supreme Court's security is a smart use of taxpayer dollars and ensures the Court's police have the resources they need to protect our justices."

Elaborating on the details of the legislation, the committee statement added that "Permanent reauthorization would provide Supreme Court Police the resources and ability to deal with gaps in security caused by temporary reauthorizations. This legislation would allow Justices to be protected domestically and internationally if necessary, mirroring the authority given to the Capitol Police and Secret Service as they protect members of Congress and the President."

Security for justices outside of the United States became an issue in 2012 when Justice Stephen Breyer was confronted at his vacation home in the Caribbean island of Nevis by a machete-wielding robber. It was not clear at the time how much security Breyer was provided—and by whom—when he stayed at Nevis.

According to Scotus Map, a website that tracks events that include the justices, five justices have made eight known appearances outside the country this year. The protocol for such trips is for Supreme Court police to coordinate their protection with other U.S. officials and foreign law enforcement.

After the death in Texas of Justice Antonin Scalia in 2016, a "policy directive" defining the scope of U.S. Marshals Service protection for justices was released under the Freedom of Information Act to Fix the Court, an organization that advocates for transparency. The document said, "The United States Marshals Service will assist the marshal of the U.S. Supreme Court and the Supreme Court police to ensure the safety and security of justices who are traveling domestically outside the greater Washington, D.C. metropolitan area." There was no mention of foreign travel.