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Supreme Court Justice Kavanaugh Tests Positive for Covid Ahead of New Term

Kavanaugh, 56, has no symptoms and has been fully vaccinated since January, the Supreme Court said.

Supreme Court Justice Kavanaugh Tests Positive for Covid Ahead of New Term
Justice Brett Kavanaugh (Photographer: Andrew Harrer/Bloomberg)

Justice Brett Kavanaugh tested positive for Covid-19 on Thursday, just days before the U.S. Supreme Court is scheduled to hold in-person arguments for the first time in 19 months.

Kavanaugh, 56, who learned of the test results Thursday night, has no symptoms and has been fully vaccinated since January, the Supreme Court said in a press release. The other justices have all tested negative, as did Kavanaugh’s wife and daughters.

In an update Friday evening, the court said Kavanaugh would take part from home when the justices open their nine-month term with arguments in five cases next week. He and his wife, Ashley Kavanaugh, didn’t attend a formal investiture ceremony Friday morning for the newest justice, Amy Coney Barrett.  

The court is planning to livestream the audio from the arguments, which will be closed to the public with limited press attendance. 

Kavanaugh is the first sitting justice known to have tested positive for Covid-19, although the Washington Post reported Barrett tested positive before she joined the court. All nine have been fully vaccinated. 

The Supreme Court said Kavanaugh and the other justices all tested negative on Monday before they met for a private conference to discuss pending appeals. All of the justices “are regularly tested,” the court said Friday.

Kavanaugh’s colleagues include several whose age or health status might make them especially vulnerable should they become infected with the coronavirus. They include Stephen Breyer, 83; Clarence Thomas, 73; Samuel Alito, 71; and Sonia Sotomayor, 67, who has had diabetes since she was a child.

©2021 Bloomberg L.P.