Justice Brett Kavanaugh tests positive for COVID-19, Supreme Court says

Supreme Court Justice Brett Kavanaugh tests positive for COVID-19

Justice Brett Kavanaugh tested positive for COVID-19 on Thursday, the Supreme Court announced in a statement. He is fully vaccinated and has no symptoms. 

He had a routine test ahead of a ceremonial investiture Friday for Justice Amy Coney Barrett, according to the court. As a result of the test, Kavanaugh and his wife will now not attend Barrett's investiture.

The court said Friday night that Kavanaugh will participate in next week's oral arguments from his home. All of the other justices tested negative before the investiture, the court said. 

Kavanaugh's wife and daughters are fully vaccinated against the virus and both tested negative for it on Thursday.

The court said all justices were tested for COVID earlier this week, on Monday, and all — including Kavanaugh — had tested negative.

On Wednesday, Kavanaugh ran a three-mile charity race in Washington, D.C., that draws administration officials, members of Congress, federal judges, members of the media, and others. (His time was 24:18)

Supreme Court Justice Brett Kavanaugh crosses finish line during ACLI Capital Challenge 3 Mile Team Race in Anacostia Park on September 29, 2021. Tom Williams/CQ-Roll Call, Inc via Getty Images

The Supreme Court returns to the bench for the start of its new term on Monday; justices will be convening for in-person arguments in the courtroom for the first time since the start of the coronavirus pandemic in March 2020, though only a limited audience will be allowed into the court due to public health concerns. 

The high court will be hearing politically divisive cases involving the Second Amendment, religious liberty and abortion, all while battling new lows in public perception of the high court's legitimacy.

Jan Crawford and Melissa Quinn contributed to this report.

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