Justice Kavanaugh Says Unpopular Decisions Could Later Become ‘Fabric of American Constitutional Law’

AUSTIN, Texas (AP) — Supreme Court Justice Brett Kavanaugh said Friday that U.S. history shows that court decisions unpopular in their day can become part of the “fabric of American constitutional law.”

Kavanaugh spoke Friday at a conference attended by judges, attorneys and other court staff from the 5th U.S. Circuit Court of Appeals, which covers Texas, Louisiana and Mississippi and constitutes one of the most conservative circuits.

During a question-and-answer session, he was not asked about any of the court’s current nationally divisive decisions, such as the overturning of Roe v. Wade on federal abortion protection in 2022, which has become a key political issue in elections across the country. year. He was part of the conservative majority when this decision was made.

However, he was asked how judges and courts could help build public confidence in the justice system.

In his response, Kavanaugh said some high court decisions from the 1950s and 1960s on monumental issues spanning civil and criminal rights, free speech and school prayer — including the iconic Brown case against Board of Education which ended legal segregation in public schools – were unpopular at the time they were published.

“The Warren court was no picnic for the judges. … They were unpopular from start to finish, from 1953 to 1969,” Kavanaugh said. “What the court continued to do was play itself, sticking to its principles. And you know, look, a lot of those decisions (were) unpopular, and a lot of them are milestones now that we accept as part of the fabric of America and the fabric of American constitutional law.

He said federal judges “stay as far away from politics as possible.”

“It’s an everyday thing. I don’t think it’s a “switch”. It’s about showing up in the courtroom every day and trying to respect the parties in a way that is clear and understandable,” he said.

Kavanaugh was asked about his personal security, which he said protects his family 24 hours a day, and about the protesters who showed up at his home. In 2022, a man carrying a gun, knife, and zip ties was arrested at the judge’s home in Maryland.

Asked if protesters were still showing up, Kavanaugh said, “It depends on the day.” … Not that much. I think I’ll leave it there.”

Kavanaugh’s daughters were in seventh and fifth grade when he was confirmed in 2018 and are now in high school.

“They grew up understanding what that means, and they drive up and at basketball games they spot the security guy in the stands. I hope, you know, you pray that this doesn’t have a long-term impact on them,” he said.