Virginia Democrat says protests outside of justices' homes 'will almost certainly have the opposite effect'

U.S. Supreme Court police stand outside the home of Justice Samuel Alito on Thursday, May 5, 2022, in Alexandria, Va. (AP Photo/Kevin Wolf)

Jeffrey C. McKay, a Democrat from Virginia on the Fairfax County Board of Supervisors, argued in a Washington Post opinion piece on Monday that protesting outside private homes "will almost certainly have the opposite effect" of what the protesters want. 

The local Virginia Democrat argued that "the most appropriate venue for this to happen" is "at the public institution where policies are introduced, debated and ultimately agreed to or rejected. This is where we listen and where we act."

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Protesters outside Justice Samuel Alito's home (Fox News)

He also noted that public officials know they're public figures who are often in the spotlight and "recognize the responsibilities that come with that."

McKay said that while public officials often make themselves available to their constituents, their private homes are where they spend time with family and recharge. 

"I understand the idea that protesters want to bring literally to our doorsteps their anger and frustrations, but I can also tell you from personal and professional experience that will almost certainly have the opposite effect of what they may be seeking," he wrote. 

He also looked at the legality of whether the protests outside homes and "whether it is an appropriate or effective tactic."

Pro-choice protesters led marches outside the homes of Justices Samuel Alito, Brett Kavanaugh and Chief Justice Roberts following the leak of a Supreme Court draft opinion, which signaled the court was getting ready to overturn Roe v. Wade.

Pro-abortion protesters outside home of Justice Amy Coney Barrett (Fox News Digital)

He said that it was determined that the Virginia governor's request to establish a "security perimeter" around the houses of the justices was a violation of the fourth amendment after consulting with an attorney and the police department.

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"Additionally, though a federal statute indicates protests are not legal if the intent is to influence a judiciary decision, a federal law is only enforceable by federal authorities, and they would presumably do so it if they saw fit, yet, to our knowledge, have not," he wrote. 

He also said that enforcement of Virginia's law prohibiting picketing at a private residence "would not hold up in court and is likely unconstitutional."

Protesters at the home of Supreme Court Justice Samuel Alito (Fox News)

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Politico first reported the draft opinion, written by Justice Alito, who signaled the court was getting ready to overturn Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case. 

"We hold that Roe and Casey must be overruled," Alito wrote in the draft. "It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives."