Brett Kavanaugh Tests Positive for COVID

Supreme Court Associate Justice Brett Kavanaugh has tested positive for COVID-19 following a test on Thursday ahead of Associate Justice Amy Coney Barrett's formal investiture on Friday.

The court announced in a statement on Friday morning that the 56-year-old Kavanaugh was informed that he had tested positive for the virus on Thursday evening.

He has been fully vaccinated since January and is not experiencing symptoms.

The Supreme Court's statement said: "On Thursday, per the Court's regular testing protocols, Justice Kavanaugh had a routine COVID test ahead of Justice Barrett's investiture on Friday. On Thursday evening, Justice Kavanaugh was informed that he had tested positive for Covid-19."

"He has no symptoms and has been fully vaccinated since January. 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. As a precaution, Justice and Mrs. Kavanaugh will not attend Justice Barrett's investiture this morning," it concluded.

Kavanaugh attended a three-mile charity race sponsored by the American Council of Life Insurers (ACLI) on Wednesday along with some members of Congress, as CNN's Chief National Affairs Analyst Kasie Hunt pointed out on Twitter on Friday.

"Brett Kavanaugh tests positive for COVID 19 just days after running with members of Congress and other Washington power players in the ACLI Capital Challenge," Hunt wrote.

The Supreme Court is due to resume in-person oral arguments for the new term on Monday and it is not yet clear how Kavanaugh's diagnosis will affect that plan. The court's proceedings were forced to take place virtually during the COVID-19 pandemic.

The court said in a statement in early September: "Courtroom access will be limited to the Justices, essential Court personnel, counsel in the scheduled cases, and journalists with full-time press credentials issued by the Supreme Court."

Five of the nine members of the Supreme Court are aged over 65, which puts them at a higher risk from COVID-19. Kavanaugh, Barrett, Neil Gorsuch and Elena Kagan are all under 65.

According to the Centers for Disease Control and Prevention: "Older adults, and those who live with, visit or provide care for them, need to take preventive measures to protect themselves from getting COVID-19."

"Older adults are more likely to get very sick from COVID-19. Getting very sick means that older adults with COVID-19 might need hospitalization, intensive care, or a ventilator to help them breathe, or they might even die," the CDC's website advises.

UPDATE 10/01/21 9.41 a.m. ET: This article was updated to include more information.

Brett Kavanaugh Attends His Swearing-In
Supreme Court Associate Justice Brett Kavanaugh attends his ceremonial swearing in in the East Room of the White House October 08, 2018 in Washington, DC. Kavanaugh tested positive for COVID-19 on Thursday. Chip Somodevilla/Getty Images

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