In a recent conference held in Austin, Texas, Supreme Court Justice Brett Kavanaugh underscored the significance of court decisions that, despite being unpopular at their inception, have become integral to the "fabric of American constitutional law."
The conference, attended by judges, attorneys, and other court personnel, was hosted by the 5th U.S. Circuit Court of Appeals, which presides over Texas, Louisiana, and Mississippi. Known as one of the most conservative circuits, the 5th U.S. Circuit Court of Appeals is a significant platform for discussions on judicial matters.
During a question-and-answer session, Kavanaugh was not questioned about any of the Supreme Court's nationally divisive rulings, such as the 2022 overturning of Roe v. Wade federal abortion protections. This ruling has emerged as a pivotal political issue in elections across the country this year, with Kavanaugh being part of the conservative majority that backed it.
However, Kavanaugh was asked about the role of judges and courts in enhancing public confidence in the judiciary. In response, he referred to several landmark Supreme Court decisions from the 1950s and '60s, which initially faced public disapproval but have since been accepted as cornerstones of American constitutional law.
"The Warren court was no picnic for the justices. They were unpopular basically from start to finish from 53 to 69," Kavanaugh stated. "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."
Kavanaugh emphasized the importance of federal judges distancing themselves from politics. "Its an everyday thing. I dont think its a flip the switch. Its 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.
When questioned about his personal security, Kavanaugh revealed that his family is under protection 24 hours a day. He also mentioned the occasional presence of protesters at his residence. In 2022, a man armed with a gun, a knife, and zip ties was apprehended at Kavanaugh's Maryland home.
When asked about the frequency of such incidents, Kavanaugh responded, "Depends on the day. ... Not as much. I think I'll leave it there."
Kavanaugh's daughters, who were in seventh and fifth grade when he was confirmed in 2018, 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 its not a long-term impact on them, he said.
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