After taking a test as part of regular protocols, Kavanaugh was informed on Thursday evening “that he had tested positive for Covid-19. He has no symptoms and has been fully vaccinated since January,” the court said in a statement. “Per current Court testing protocols, all of the Justices were tested Monday morning prior to conference, and all tested negative, including Justice Kavanaugh. Justice Kavanaugh’s wife and daughters are also fully vaccinated, and they tested negative on Thursday.”
Kavanaugh, 56, was sworn in as a justice in 2018, after one of the most contentious confirmation battles in history. Barrett was sworn in last year, after a confirmation process that took place just weeks before the presidential election.
When the next term starts on Monday, the court is planning for in-person oral arguments for the first time since March 4, 2020. Attorneys will be required to be tested the morning before an argument, and counsel also will have to wear masks in the courtroom except when addressing the justices.
The court will continue to stream live audio of the arguments, continuing a practice that started during the Covid-19 pandemic. The court will not allow visitors to attend the hearings in person because of the safety protocols, limiting access to the justices, courtroom personnel, case counsels and journalists who cover the court full time.