Supreme Court Justice Brett Kavanaugh tested positive for COVID-19, the court announced Friday, noting that he has been fully vaccinated since January and showed no symptoms.

KEY POINTS

  • Supreme Court Justice Brett Kavanaugh has tested positive for the coronavirus, just three days before its next term is set to begin.
  • Kavanaugh, 56, is showing no symptoms of the virus.
  • Kavanaugh and his wife will not attend a Friday morning investiture ceremony for Justice Amy Coney Barrett.
  • Brett Kavanaugh tests POSITIVE for COVID 48 hours after running charity race with lawmakers including Kyrsten Sinema

Kavanaugh learned of the positive test Thursday evening, ahead of Justice Amy Coney Barrett’s ceremonial investiture Friday morning, according to a news release from the court.

The release added that Kavanaugh’s wife and daughters, all fully vaccinated, tested negative.

Brett Kavanaugh tests POSITIVE for COVID after running charity race

On Wednesday, Kavanaugh participated in a three-mile charity race alongside many lawmakers, judges and DC power players, according to Daily Mail.  

The 39th annual ACLI Capital Challenge, sponsored by the American Council of Life Insurers, drew the likes of high-profile lawmakers whose key votes will be needed in Congress on Friday as Democratic leadership has vowed to continue talks on President Biden’s $3.5 trillion budget reconciliation plan, after calling off a vote on the $1.2 trillion bipartisan infrastructure bill on Thursday.  

Powerful moderate Democrat Sen. Kyrsten Sinema, Ariz., along with Sen. Shelley Moore Capito, R-W.Va., and Texas Republican Sen. John Cornyn were all seen at the race. 

The race raises money for financial literacy programs for students in after-school care. 

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

Kavanaugh met other Supreme Court Justices on Monday

Kavanaugh participated in the court’s private conference on Monday, when he and his colleagues met at the court to review thousands of appeals that accumulated over the summer.

All nine justices had been vaccinated against the virus by March.

All of the nine justices were tested Monday morning prior to their conference where they meet to discuss cases for the coming term and all tested negative, including Kavanaugh, the court said.

But a second test administered Thursday yielded a positive test, the court said.

“On Thursday, per the Court’s regular testing protocols, Justice Kavanaugh had a routine Covid test ahead of Justice Barrett’s investiture on Friday. On Thursday evening, Justice Kavanaugh was informed that he had tested positive for Covid-19,” the court’s spokesperson Patricia McCabe said in a press release.

“As a precaution, Justice and Mrs. Kavanaugh will not attend Justice Barrett’s investiture this morning,” McCabe said.

The Supreme Court announced in September that it would conduct oral arguments in person starting on Monday after more than a year in which COVID-19 forced them to debate their docket virtually.

Covid poses a greater health threat to older adults. Stephen Breyer, the oldest member of the court, is 83. Three justices — Breyer, Clarence Thomas and Samuel Alito — are at least in their 70s. Barrett, at 49, is the youngest justice.