Will Brett Kavanaugh's COVID-19 Diagnosis Affect The New Supreme Court Term On Monday?

On Friday, United States Supreme Court Justice Brett Kavanaugh was revealed to have tested positive for COVID-19, just days before a new term is set to begin.

Under Supreme Court protocols, justices are tested regularly for COVID-19 and Kavanaugh tested negative as recently as Monday. On Thursday, he was administered a new test that tested positive, despite him and his family being fully vaccinated since January. His family was tested negative the same day, according to the press statement.

Kavanaugh, who was the second Supreme Court justice nominated by former President Donald Trump, was due to attend the investiture ceremony for fellow Justice Amy Coney Barrett before his diagnosis. He and his wife, however, canceled plans to attend out of precaution.

Barrett herself previously contracted COVID-19 before her confirmation hearing last year.

Kavanaugh’s diagnosis was announced only days before the Supreme Court is due to start its new term.

Among the expected cases that justices will hear include a challenge to the 1973 ruling in Roe v. Wade that legalized abortion nationwide. The case is the first that justices will hear since rejecting a request to block a restrictive abortion law in Texas, earning fierce criticism from Democrats who accuse the mostly conservative judges of following their own political bias in the decision.

Monday also marks the return of in-person arguments before the Supreme Court after 18 months of holding virtual hearings for cases on their docket. The court’s statement did not specify whether it expected Kavanaugh to be present for the day's hearings, sparking questions about how his potential absence could affect the term.

Odds are that it will not have any debilitating effect. Being fully vaccinated, Kavanaugh is less likely to suffer from severe symptoms that could stop him from hearing arguments remotely. For the last year now, justices have heard cases away from the court without it dramatically affecting its work and that is unlikely to change now if Kavanaugh was to resume remote hearing.

Several of the highest-profile cases that the court is set to decide on will also not hear arguments for several more weeks. For example, the challenge to Roe v. Wade will not begin oral arguments until Dec. 1.

While all of these factors are in place to ensure the Supreme Court remains operational with all justices able to participate, Kavanaugh may not be absent from work at all on Monday.

After the Supreme Court announced the positive COVID-19 test results, Fox News reported Kavanaugh will be present for the start of the term but seated further away from other justices.