Politics

SCOTUS Feud Blows Up as Justice Issues Rare Apology

‘HURTFUL’ AND ‘INAPPROPRIATE’

The rare public apology from one justice to another comes amid escalating tensions within the Supreme Court.

FILE PHOTO: U.S. Supreme Court justices pose for their group portrait at the Supreme Court in Washington, U.S., October 7, 2022. Seated (L-R): Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., Samuel A. Alito, Jr. and Elena Kagan. Standing (L-R): Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh and Ketanji Brown Jackson. REUTERS/Evelyn Hockstein      TPX IMAGES OF THE DAY/File Photo
Evelyn Hockstein/REUTERS

Feuding between the Supreme Court’s justices has spilled further into the open after a rare public apology from one of its members.

Obama-appointed Justice Sonia Sotomayor apologized to Trump-appointed Justice Brett Kavanaugh on Wednesday, after she took a personal swipe at Kavanaugh last week.

“At a recent appearance at the University of Kansas School of Law, I referred to a disagreement with one of my colleagues in a prior case, but I made remarks that were inappropriate,” Sotomayor, 71, said in a statement. “I regret my hurtful comments. I have apologized to my colleague.”

FILE PHOTO: U.S. Supreme Court justices pose for their group portrait at the Supreme Court in Washington, U.S., October 7, 2022. Seated (L-R): Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., Samuel A. Alito, Jr. and Elena Kagan. Standing (L-R): Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh and Ketanji Brown Jackson. REUTERS/Evelyn Hockstein      TPX IMAGES OF THE DAY/File Photo
Sotomayor had called Kavanaugh "a man whose parents were professionals" and someone who "probably doesn’t really know any person who works by the hour." Evelyn Hockstein/REUTERS

The highly unusual public apology comes after Sotomayor tore into Kavanaugh, 61, over his concurrence with an emergency order last September that paused lower court rulings barring President Donald Trump’s immigration patrols from targeting people based on their race, language, or where they work.

Kavanaugh had written that people’s encounters with immigration enforcement tend to be “typically brief,” and that most “promptly go free.”

Kavanaugh testitifes before Senate
Kavanaugh lives in a $1.6 million home in affluent Chevy Chase, Maryland. His father was a lawyer and business executive, and his mother was a judge. ANDREW HARNIK/POOL/AFP via Getty Images

“I had a colleague in that case who wrote, you know, these are only temporary stops,” Sotomayor said during an event at the University of Kansas, Bloomberg reported. “This is from a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.”

She added that when ICE detains people on suspicion of being undocumented, “nobody’s paying that person.”

“And that makes a difference between a meal for him and his kids that night and maybe just cold supper,” the court’s senior liberal said.

The Daily Beast has reached out to the Supreme Court’s Public Information Office for comment.

Kavanaugh, who lives in a $1.6 million home in affluent Chevy Chase, Maryland, has not publicly responded to Sotomayor’s takedown, nor to public outcry over his reasoning on ICE encounters, which his critics have dubbed “Kavanaugh stops.”

The conservative justice had written that factors such as ethnicity, language, or someone’s presence in locations such as a farm or a bus stop “taken together can constitute at least reasonable suspicion of illegal presence in the United States.”

WASHINGTON, DC - JANUARY 20: (L-R) U.S. Associate Supreme Court Justices Clarence Thomas and Brett Kavanaugh, U.S. Supreme Court Chief Justice John Roberts and U.S. Supreme Court Associate Justice Sonia Sotomayor attend inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20, 2025 in Washington, DC. Donald Trump takes office for his second term as the 47th president of the United States.     Chip Somodevilla/Pool via REUTERS
Liberal justices have increasingly taken issue with the Supreme Court’s emergency orders—so-called “shadow docket” rulings—which have allowed Trump to implement his sweeping agenda despite lower court rulings against it. Chip Somodevilla/Pool via REUTERS

“To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this court’s case law regarding immigration stops, however, it can be a ‘relevant factor’ when considered along with other salient factors,” wrote Kavanaugh, whom Trump appointed in 2018 amid significant controversy to fill the Supreme Court seat vacated by Anthony Kennedy.

Sotomayor’s journey to the nation’s top court began in very modest circumstances. She was born in a housing project in the Bronx to Puerto Rican parents in 1954 and was diagnosed with Type 1 diabetes at a young age. Her father died when she was nine, after which her mother raised her and her brother alone, working long hours to provide for the family.

Kavanaugh, meanwhile, grew up far more comfortably. His father was a lawyer and business executive, and his mother was a judge. He attended Georgetown Preparatory School, an elite private learning establishment known for educating students from affluent and politically connected families.

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