Supreme Court Civility SHATTERED — What She Said

The Supreme Court building illuminated at night with a clear sky

Supreme Court Justice Sonia Sotomayor issued a rare public apology to Justice Brett Kavanaugh after personally attacking his privileged upbringing in a bid to undermine his support for ICE immigration enforcement.

Story Highlights

  • Sotomayor criticized an unnamed colleague’s background during a University of Kansas speech, clearly targeting Kavanaugh’s professional parents and D.C. roots.
  • Her remarks breached Supreme Court norms of collegiality, marking an exceptionally rare public personal attack among sitting justices.
  • Sotomayor apologized on April 15, 2026, calling her comments “inappropriate” and “hurtful,” without naming Kavanaugh.
  • The incident stems from a 2025 ruling enabling ICE sweeps, where Kavanaugh defended ethnicity as a relevant enforcement factor.

The Immigration Ruling at the Center

In September 2025, the Supreme Court issued an order in Noem v. Vasquez Perdomo, lifting lower court restrictions on ICE immigration stops in Los Angeles. Justice Brett Kavanaugh wrote the sole concurring opinion for the 6-3 conservative majority. He argued ethnicity cannot be the sole basis for stops but remains a relevant factor in high-illegal-immigration areas. Kavanaugh described these as brief encounters, with individuals free to go upon proving legal status. This decision advanced President Trump’s America First agenda on border security.

Sotomayor’s Public Criticism

On April 7, 2026, at the University of Kansas School of Law, Justice Sonia Sotomayor criticized Kavanaugh’s stance without naming him. She stated, “This is from a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.” She added, “There are some people who can’t understand our experiences, even when you tell them.” Kavanaugh, from Washington, D.C., fits this description: his father was a lobbyist, his mother a prosecutor and judge. Such personal jabs violate judicial restraint norms.

The Formal Apology

On April 15, 2026, Sotomayor released a statement via the Supreme Court’s Public Information Office. She said, “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. I regret my hurtful comments. I have apologized to my colleague.” The three-sentence apology avoided Kavanaugh’s name, mirroring her original remarks. Justices returned for oral arguments on April 20.

Breaches of Supreme Court Decorum

This episode underscores deep ideological rifts on the Court, with the liberal minority—Sotomayor, Kagan, and Jackson—dissenting sharply in the ICE case. Sotomayor’s 21-page dissent warned against seizing Latinos based on appearance, language, or jobs. Yet public personal attacks on colleagues’ backgrounds remain exceptionally rare, eroding institutional collegiality. Conservatives see vindication in her retraction, affirming rule-of-law priorities over ad hominem assaults. Both sides share frustration with elite divisions failing everyday Americans.

Broader Implications for Judicial Integrity

The apology highlights tensions between legal disagreement and personal decorum. Sotomayor’s dissent equated ICE enforcement with racial profiling, but her personal critique crossed into impugning lived experience. In Trump’s second term, with GOP congressional control, such incidents fuel distrust in institutions perceived as elite-driven. Americans across the spectrum resent justices more focused on ideology than impartial justice, echoing failures to secure borders and uphold traditional principles of limited government and equal protection.

Sources:

CBS News: Sotomayor apologizes to Kavanaugh over ICE arrests remarks

SCOTUSblog: Justice Sotomayor apologizes for inappropriate remarks about Justice Kavanaugh

Politico: Sonia Sotomayor apologizes to Brett Kavanaugh