Justice Sonia Sotomayor has issued an apology for her recent comments targeting Justice Brett Kavanaugh’s concurring opinion in a Supreme Court decision regarding immigration stops. During a discussion at the University of Kansas Law School on April 7, Sotomayor remarked on Kavanaugh’s opinion in the case Noem v. Vasquez Perdomo. While she did not mention Kavanaugh directly by name, she insinuated that the opinion was shaped by a lack of understanding of the real-world effects of such stops, describing the opinion’s author as someone possibly ignorant of the working class experiences.
This pointed critique is seen as rare among the justices, and the unusual nature of the comments provoked Sotomayor to issue a formal apology. On Wednesday, she released a statement via the court’s Public Information Office acknowledging her remarks as “inappropriate” and expressing regret for any harm they might have caused. She confirmed having apologized directly to Kavanaugh. The statement refrained from mentioning Kavanaugh by name, continuing the more discreet approach taken during her initial comments.
The incident stems from the Supreme Court’s decision to remove restrictions on certain immigration stops, a move criticized by challengers as being based on racial profiling. Kavanaugh’s concurrence suggested that any questioning of legally present individuals would be brief, allowing them to quickly establish their status and freedom. Sotomayor’s critique implied that Kavanaugh’s background may not fully encompass the diverse experiences of those impacted by such policies. For further details on this developing story, visit SCOTUSblog.
The Supreme Court is expected to resume oral arguments on April 20, where both justices will be present, continuing their term’s docket post-Sotomayor’s apology.