Garland allowing 'mob rule' in US by not prosecuting demonstrators at justices' homes, Republicans say

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AG Merrick Garland silent as Supreme Court justices face safety threats

Fox News correspondent Aishah Hasnie has the latest as activists target justices' homes on 'Special Report.'

EXCLUSIVE: Nearly 50 House Republicans pressed Attorney General Merrick Garland Wednesday to prosecute those protesting outside the homes of Supreme Court justices over an anticipated ruling overturning Roe v. Wade. 

Led by Rep. Claudia Tenney, R-N.Y., the members of Congress cite a federal law that makes it illegal to "picket or parade" outside a courthouse or a judge's home "with the intent of influencing … the discharge of his duty." 

"We therefore ask a simple question: as Supreme Court Justices are being illegally targeted at their homes, do you intend to enforce the law?" the Republicans wrote. "Your failure to act is a shameless and implicit endorsement of mob rule in America."

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Forty-seven House Republicans signed the letter, including House Republican Conference Chair Elise Stefanik, R-N.Y.; GOP Conference Vice Chair Mike Johnson; and R-La., Byron Donalds, R-Fla.

Roe v. Wade protest (Fox News)

They join a chorus of voices, including Senate Minority Leader Mitch McConnell, R-Ky., and Judiciary Committee Ranking Member Chuck Grassley, R-Iowa, who are condemning the protests at the justices' homes. 

Over the weekend, protesters picketed outside the homes of Justice Brett Kavanaugh and Chief Justice John Roberts. People protested outside of Justice Samuel Alito's home Monday. 

Roe v. Wade protest (Fox News)

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"The right to peaceful assembly is among the most sacred rights we hold as Americans," the GOP members wrote. "Yet our sacred right to peacefully assemble has never permitted Americans to intimidate judges, jurors or officers of the court.

"We urge you to enforce the laws of the United States and stop the mob," they added. "You should send the clear and unmistakable message to all Americans — regardless of party or political affiliation — that the intimidation of justices and the judicial process will not stand."

The Justice Department has remained silent on the protests outside the justices' homes. It has not responded to requests for comment from Fox News this week. 

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Roe v. Wade protest (Fox News)

The White House isn't explicitly condemning protests outside the justices' homes. But White House press secretary Jen Psaki said Monday intimidation is not acceptable. 

"@POTUS strongly believes in the Constitutional right to protest. But that should never include violence, threats, or vandalism," Psaki tweeted. "Judges perform an incredibly important function in our society, and they must be able to do their jobs without concern for their personal safety."

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"So, I know that there's an outrage right now, I guess, about protests that have been peaceful to date, and we certainly continue to encourage that outside of judges homes," Psaki elaborated Tuesday. "And that's the president's position."

Other Democrats, including House Democratic Whip Steny Hoyer, D-Md., and House Democratic Conference Chair Hakeem Jeffries, D-N.Y., also condemned intimidation of the justices Wednesday. 

Fox News' Kelly Laco contributed to this report.