By JIM VERTUNO (Associated Press)
AUSTIN, Texas (AP) — Supreme Court Justice Brett Kavanaugh said Friday that U.S. history shows c ourt decisions unpopular in their time later can become part of the “fabric of American constitutional law.”
Kavanaugh addressed a gathering at the 5th U.S. Circuit Court of Appeals, which encompasses Texas, Louisiana and Mississippi and is known as one of the most conservative circuits, consisting of judges, lawyers, and other court personnel.
In a question-and-answer session, he was not asked about any of the current court’s nationally divisive rulings, such as the overturning of Roe v. Wade federal abortion protections in 2022 that has become a key political issue in elections across the country this year. He was part of the conservative majority in that ruling.
However, he was asked how judges and the courts can help boost public confidence in the judiciary.
In his answer, Kavanaugh mentioned that some significant high court decisions from the 1950s and ’60s, covering civil and criminal rights, free speech, and school prayer, were initially unpopular, but have now become integral parts of American constitutional law. This included the historic Brown v. Board of Education case that ended legal segregation in public schools.
“The Warren court was no picnic for the justices. … They were unpopular basically from start to finish from ’53 to ’69,” Kavanaugh said. “What the court kept doing is playing itself, sticking to its principles. And you know, look, a lot of those decisions (were) unpopular, and a lot of them are landmarks now that we accept as parts of the fabric of America, and the fabric of American constitutional law.”
He stated that federal judges aim to minimize involvement in politics as much as possible.
“It’s an everyday thing. I don’t think it’s a ‘flip the switch.’ It’s showing up every day in the courtroom and trying to be respectful of 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 protesters that have shown up at his house. In 2022, a man carrying a gun, a knife and zip ties was arrested at the justice’s house in Maryland.
When asked if protesters still show up, Kavanaugh said, “Depends on the day. … Not as 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 have grown up understanding what it means and ride in the car, and at the basketball games pick out the security guy in the stands. Hopefully, you know, you pray that it’s not a long-term impact on them,” he said.
