October 1, 2021

Supreme Court Justice Brett Kavanaugh tests positive for COVID-19

WATCH: Justice Kavanaugh tests positive for COVID-19

Days before the Supreme Court is set to resume in-person oral arguments for the first time in 18 months, Justice Brett Kavanaugh has tested positive for COVID-19, a court spokeswoman said on Friday.

Kavanaugh, who has no symptoms and has been fully vaccinated since January, is the first member of the court known to have contracted the virus. All of the justices have been vaccinated since early this year, the court has said.

The justices have been mostly convening virtually since March 2020 but are preparing to reopen the iconic courtroom to attorneys and a limited number of reporters for the fall docket of cases.

MORE: Supreme Court going back to in-person arguments

On Monday, the justices met in-person in private for their first conference of the term. The court said all of the justices, including Kavanaugh, tested negative for coronavirus ahead of that meeting.

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Judge Brett Kavanaugh testifies during the Senate Judiciary Committee hearing on his nomination be an associate justice of the Supreme Court, Sept. 27, 2018, in Washington D.C.

Kavanaugh, 56, was informed Thursday evening that he had tested positive during a routine test ahead of an investiture ceremony for Justice Amy Coney Barrett that had been long postponed due to the pandemic, according to the court.

"As a precaution, Justice and Mrs. Kavanaugh will not attend Justice Barrett’s investiture this morning," the court's spokesperson Patricia McCabe said in a press release. She noted that Kavanaugh's family has tested negative for the virus.

MORE: Justice Amy Coney Barrett picking up 'mores' of Supreme Court, Breyer says

Barrett was scheduled to have a traditional investiture photo-op on Friday, walking down the steps of the Supreme Court Building with Chief Justice John Roberts and her husband. She was confirmed to the bench in October 2020; on Monday she will take her seat on the bench for the first time since the death of Justice Ruth Bader Ginsburg.

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U.S. Supreme Court Associate Justice Amy Coney Barrett, left, and Chief Justice John Roberts pose for photos at the top of the steps of the west side of the Supreme Court following her investiture ceremony on Oct. 01, 2021, in Washington, DC. Barrett has been a member of the court for more than a year but her investiture ceremony was delayed because of the pandemic.
Tom Brenner/Reuters
Supreme Court Justice Amy Coney Barrett walks with Chief Justice John Roberts following an investiture ceremony at the U.S. Supreme Court on Capitol Hill in Washington, Oct. 1, 2021.