Judge Kavanaugh says unpopular rulings could later become ‘fabric of American constitutional law’

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

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

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

However, he was asked how judges and courts can help increase public confidence in the judiciary.

In his response, Kavanaugh said that some high court rulings from the 1950s and 1960s on monumental issues spanning civil and criminal rights, free speech and school prayer — including the iconic Brown v. unpopular when they were issued.

“The Warren court was no picnic for the justices. … They were unpopular basically from start to finish, from 1953 to 1969,” Kavanaugh said. “What the court continued to do was play itself, following its principles. And you know, many of those decisions (were) unpopular, and many of them are landmarks now that we accept as part of the structure of America and the structure 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 ‘flip the switch’. It’s showing up every day in court and trying to respect the parties in a clear and understandable way,” she 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.

When asked if protesters still show up, Kavanaugh said, “It depends on the day. … Not so 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 ride in cars, and at basketball games they choose security in the stands. Hopefully, you know, you pray that this doesn’t have a long-term impact on them,” he said.