Supreme Court Justice Brett Kavanaugh tests positive for Covid, days before new term begins

Associate Justice Brett Kavanaugh poses during a group photo of the Justices at the Supreme Court in Washington, April 23, 2021.

Erin Schaff | Pool | Reuters

Supreme Court Justice Brett Kavanaugh has tested positive for the coronavirus, the court said Friday, just three days before its next term is set to begin.

Kavanaugh, 56, is showing no symptoms of the virus, the court said. He has been fully vaccinated against Covid since January.

The court said that as a precaution, Kavanaugh and his wife will not attend a Friday morning event for Justice Amy Coney Barrett, the newest member of the court, to take the oath of office in a so-called investiture ceremony.

On Wednesday, Kavanaugh participated in a three-mile charity road race in Washington.

Supreme Court Justice Brett Kavanaugh crosses the finish line during the ACLI Capital Challenge 3 Mile Team Race in Anacostia Park on Wednesday, September 29, 2021.

Tom Williams | CQ-Roll Call, Inc. | Getty Images

The court’s statement did not indicate that Kavanaugh’s test result would affect the start of the new term next Monday. The nine justices are set to hear oral arguments in person, 19 months after the pandemic forced their proceedings to be held virtually.

A spokeswoman for the court did not immediately respond to a request for additional information.

Covid poses a greater health threat to older adults. Stephen Breyer, the oldest member of the court, is 83. Three justices — Breyer, Clarence Thomas and Samuel Alito — are at least in their 70s. Barrett, at 49, is the youngest justice.

All nine justices had been vaccinated against the virus by March.

Read the court’s full statement below:

On Thursday, per the Court’s regular testing protocols, Justice Kavanaugh had a routine Covid test ahead of Justice Barrett’s investiture on Friday. On Thursday evening, Justice Kavanaugh was informed that he had tested positive for Covid-19. He has no symptoms and has been fully vaccinated since January. Per current Court testing protocols, all of the Justices were tested Monday morning prior to conference, and all tested negative, including Justice Kavanaugh. Justice Kavanaugh’s wife and daughters are also fully vaccinated, and they tested negative on Thursday. As a precaution, Justice and Mrs. Kavanaugh will not attend Justice Barrett’s investiture this morning.

This is breaking news. Please check back for updates.

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