Justice Kavanaugh tests positive for Covid-19

“As a precaution,” Kavanaugh and his wife will not attend Barrett’s inauguration ceremony following his test results, the court said – which was due to take place in a special courtroom session on Friday morning.

Barrett’s inauguration ceremony is by invitation only, although the event will feature joint press coverage.

All of the court’s judges, including Kavanaugh, had previously tested negative for Covid-19 the Monday morning before the conference, the court said.

The news of Kavanaugh’s positive test results comes after the court announced earlier this month that it would resume personal oral arguments upon returning for its fall period in October.

The court made history last May when – due to the dangers of the pandemic – it used a conference call to hear arguments from attorneys on a pending case and to broadcast its proceedings live.

A court spokesman did not immediately respond when asked whether Kavanaugh intends to be present on the arguments scheduled for Monday, which will be the first personal arguments in more than 18 months.

Five of the court’s nine judges are over 65, which the CDC says generally poses a higher risk of serious complications or death from Covid-19.

Josh Gerstein contributed to this report.

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