Justice Kavanaugh says unpopular rulings can later become 'fabric of American constitutional law'

Supreme Court Justice Brett Kavanaugh answers questions during a judicial conference, Friday, May 10, 2024, in Austin, Texas. (AP Photo/Eric Gay)

AUSTIN, Texas (AP) 鈥 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 鈥渇abric of American constitutional law.鈥

Kavanaugh spoke Friday at a conference attended by judges, attorneys and other court personnel in the 5th U.S. Circuit Court of Appeals, which covers Texas, Louisiana and Mississippi and is one of the most conservative circuits.

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 federal abortion protections in 2022 that has become a 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 said some high court decisions from the 1950s and '60s on monumental issues spanning civil and criminal rights, free speech and school prayer 鈥 including the iconic Brown v. Board of Education case that ended legal segregation in public schools 鈥 were unpopular when they were issued.

鈥淭he Warren court was no picnic for the justices. 鈥 They were unpopular basically from start to finish from 鈥53 to 鈥69,鈥 Kavanaugh said. 鈥淲hat 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.鈥

He said federal judges 鈥渟tay as far away from politics as possible.鈥

鈥淚t鈥檚 an everyday thing. I don鈥檛 think it鈥檚 a 鈥榝lip the switch.鈥 It鈥檚 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, 鈥淒epends 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.

鈥淭hey 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鈥檚 not a long-term impact on them,鈥 he said.

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