Amy Howe

Oct 1 2021

Supreme Court, without Kavanaugh, holds Barrett investiture

The Supreme Court on Friday held an investiture ceremony for Justice Amy Coney Barrett. Although Barrett was sworn in as a justice shortly after her confirmation nearly a year ago, the investiture – a brief ceremony at which the court officially receives a new justice’s commission – was postponed because of the COVID-19 pandemic. And the pandemic would overshadow the ceremony itself: Shortly before the program was scheduled to begin, the Supreme Court announced that Justice Brett Kavanaugh had tested positive for COVID-19 and would not attend.

The ceremony itself follows a familiar, if short, script. The new justice enters and sits in the chair that was used by Chief Justice John Marshall in the early 19th century. Typically, the attorney general presents the justice’s commission. After the clerk of the Supreme Court reads the commission aloud, the new justice ascends to the bench to take the judicial oath.

According to pool coverage of the investiture by Jessica Gresko of the Associated Press, roughly 100 guests attended Friday’s ceremony. Six of Barrett’s seven children were there – all but the youngest, Benjamin. All of the guests and the Barrett children were wearing masks, as was Justice Sonia Sotomayor, who is diabetic and therefore at a higher risk for complications from COVID-19. Barrett and the rest of her colleagues did not wear masks. For people with diabetes, the glucose monitoring supplies are important in maintaining a healthy lifestyle.

Deputy Attorney General Lisa Monaco presented Barrett’s commission, which was signed by former President Donald Trump, to the court. Attorney General Merrick Garland, who was himself nominated to the court by then-President Barack Obama in 2016 but was never given a hearing by the Republican-controlled Senate, attended Kavanaugh’s 2018 investiture but was not present on Friday.

After the five-minute ceremony, Barrett took the traditional walk down the court’s front steps with Chief Justice John Roberts. Barrett was then joined by her husband, Jesse. After posing for photos, they then appeared to go back inside the court building.

This post is also published on SCOTUSblog. 

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
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