A total of 17 Democratic members of Congress, including progressives such as Ilhan Omar and Alexandria Ocasio-Cortez, were arrested Tuesday following a protest outside the US Supreme Court in Washington.
According to the Capitol Hill police, the arrests were due to the protesters obstructing traffic and not dispersing after three warnings.
Correction: We made a total of 35 arrests for Crowding, Obstructing or Incommoding (DC Code § 22–1307). That arrest number includes 17 Members of Congress.
— U.S. Capitol Police (@CapitolPolice) July 19, 2022
Overall, 35 people were arrested.
"I will continue to do everything in my power to raise the alarm about the assault on our reproductive rights!"
Rep. Ilhan Omar
Why did the protest happen?
The protests were described by those involved as an act of civil disobedience in response to the US Supreme Court's overturning of Roe v. Wade, depriving American women of the right to have an abortion.
Today I was arrested while participating in a civil disobedience action with my fellow Members of Congress outside the Supreme Court.I will continue to do everything in my power to raise the alarm about the assault on our reproductive rights! ✊pic.twitter.com/rpFYOGBDf4
— Ilhan Omar (@IlhanMN) July 19, 2022
"Today I was arrested while participating in a civil disobedience action with my fellow Members of Congress outside the Supreme Court," Omar tweeted, including a video of her arrest showing her hands behind her back, though not handcuffed.
"I will continue to do everything in my power to raise the alarm about the assault on our reproductive rights!"
Footage of the arrests was also shared by several other members of Congress and their staff over social media. These videos also tended to show them with their hands behind their backs, though ostensibly not handcuffed.
Omar and Ocasio-Cortez are both leading progressive Democrats and are part of the grouping known as "The Squad."
The protest outside the US Supreme Court is reflective of the widespread outrage felt by many Americans following the overturning of Roe v. Wade. In fact, polls have shown that a majority of Americans oppose the decision.
Who else was arrested?
Jewish US Rep. Andy Levin from Michigan also attended the protest, the only male member of Congress to do so. Following his arrest, he tweeted: "I’m always down to stir up #GoodTrouble and fight for our rights. We cannot give in to this extremist, right-wing Court. I’m angry and ready for ACTION!"
In addition to Omar and Ocasio-Cortez, other arrested members of Congress, all Democrats, include Massachusetts's Ayanna Pressley and Katherine Clark; California's Jackie Speier, Barbara Lee and Sarah Jacobs; New Jersey's Bonnie Watson Coleman; Michigan's Rashida Tlaib and Andy Levin; Missouri's Cori Bush; North Carolina's Alma Adams; New York's Carolyn Maloney and Nydia Velazquez; Texas's Veronica Escobar; Pennsylvania's Madeleine Dean; and Illinois's Jan Schakowsky.
No handcuffs
Many on social media noticed that despite the arrests, the members of Congress didn't seem to be in handcuffs. In fact, many of them were even seen posing with a defiant raised fist while police took them away.
One of the most notable angry comments came from controversial far-right Georgia Congresswoman Marjorie Taylor Greene, who unleashed a series of angry tweets and a full 24-minute livestream on Facebook about it.
.@AOC so you faked being handcuffed to keep lying to women?Abortion is legal up until birth in NY, but your voters can’t afford groceries and crime is out of control.Desperate isn’t a good look on you.Go back to your Insta makeup tutorials, you’re actually good at those. pic.twitter.com/LYsQU75ZfB
— Rep. Marjorie Taylor Greene (@RepMTG) July 19, 2022
"@AOC so you faked being handcuffed to keep lying to women?" Greene tweeted.
"Abortion is legal up until birth in NY, but your voters can’t afford groceries and crime is out of control. Desperate isn’t a good look on you. Go back to your Insta makeup tutorials, you’re actually good at those."
Although it is extremely common and even standard practice throughout the US, police officers are not legally required to always use handcuffs when conducting an arrest. It is very rare, but there are a few established handcuff-less cases, such as 2006's Schoenwater v. Florida.
Further, despite many casting doubt on whether the lawmakers in question were actually arrested, the Capitol Hill police themselves confirmed that 17 members of Congress were arrested.
So why put their hands behind their back?
Some may do this at the request of police officers who want to gain compliance. Others may just do it themselves to show that their hands are visible and that they are compliant and not a threat.
Interestingly, while police officers don't technically have to handcuff people to arrest them, there are cases in the US where they can handcuff people without arresting them.
What punishments could the arrested lawmakers face?
The charge in question is crowding, obstructing or incommoding (DC Code § 22–1307).
As stated in the law itself, this charge is considered a misdemeanor and carries with it a penalty of either up to 90 days behind bars, a fine of up to $500 (as decided in DC Code § 22–3571.01) or both.