Justice Kavanaugh Tests Positive for Covid

• Oct. 1, 2021Updated 10:33 p.m. ET

Justice Brett M. Kavanaugh has tested affirmative for the coronavirus, a Supreme Court spokeswoman said connected Friday. She said the justness had been afloat vaccinated since January and that helium was not showing symptoms of the virus.

Justice Kavanaugh, 56, was tested connected Thursday earlier the ceremonial investiture of Justice Amy Coney Barrett astatine the tribunal connected Friday morning, the spokeswoman, Patricia McCabe, said successful a statement.

“Justice Kavanaugh’s woman and daughters are besides afloat vaccinated, and they tested antagonistic connected Thursday,” Ms. McCabe said. “As a precaution, Justice and Mrs. Kavanaugh volition not be Justice Barrett’s investiture this morning.”

All of the justices were tested connected Monday greeting earlier their backstage league to sermon the petitions seeking reappraisal that had piled up implicit their summertime break. “All tested negative, including Justice Kavanaugh,” Ms. McCabe said.

In a 2nd connection Friday night, Ms. McCabe said that Justice Kavanaugh would “participate successful adjacent week’s oral arguments remotely from his home.” The different justices are acceptable to instrumentality to the seat connected Monday aft much than 18 months of the tribunal operating virtually.

The arguments volition not beryllium unfastened to the public, but the tribunal volition supply unrecorded audio. The lawyers arguing earlier the tribunal are required to beryllium tested the greeting earlier they argue.

“An arguing lawyer who receives a affirmative trial volition not reason successful person, but volition alternatively beryllium expected to enactment remotely by telephone transportation to the courtroom,” according to an announcement posted connected the court’s website this week.

The lawyers are required to beryllium masked successful the courtroom “except erstwhile presenting argument.”

The tribunal past heard in-person arguments successful March of past year. Since then, arguments person taken spot by telephone, with the justices asking questions 1 by 1 successful bid of seniority, an statement galore observers recovered inert and stilted.

A affirmative facet of the statement was the afloat information of Justice Clarence Thomas, who precise seldom asked questions successful the courtroom.

When the justices instrumentality to the bench, they volition follow a hybrid exemplary of argument, starting with the acquainted and dynamic free-for-all successful which they capsicum the lawyers with questions, physique connected each other’s comments and not infrequently interrupt the lawyers and 1 another. That volition beryllium followed by a circular of one-by-one questioning.

The caller word volition see 2 blockbusters, connected weapon rights and abortion. In November, the justices volition perceive arguments connected the constitutionality of a restrictive New York weapon power instrumentality that strictly limits carrying guns successful public. The tribunal has not issued a large Second Amendment determination successful much than a decade, and it has said adjacent to thing astir however it applies extracurricular the home.

In December, the justices volition perceive a challenge to a Mississippi law that bans astir abortions aft 15 weeks of pregnancy. The case, a frontal situation to the law close to termination established successful Roe v. Wade successful 1973, whitethorn good springiness emergence to the court’s astir consequential determination successful decades.

Over the summer, the court’s blimpish bulk issued a series of orders successful effect to exigency applications, blocking Biden medication programs connected asylum and evictions and refusing to halt a Texas instrumentality that bans astir abortions aft six weeks.

Recent polls person shown a crisp driblet successful the court’s nationalist approval. In evident response, respective of the justices person made nationalist comments denying that politics oregon partisanship plays a relation successful their decisions.

On Thursday, for instance, Justice Samuel A. Alito Jr. defended the court’s caller rulings connected what critics telephone its “shadow docket,” rendered without afloat briefing oregon oral argument, saying the tribunal has followed accordant procedures and had nary prime but to enactment rapidly and connection lone constricted reasons for its rulings.