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

AUSTIN, Texas (AP) — 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 “fabric of American constitutional law.”

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 Roe v. Wade federal abortion protections in 2022 that has become a key political issue in elections 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 — including the iconic Brown v. Board of Education case that ended legal segregation in public schools — were unpopular when they were issued.

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