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JONATHAN TURLEY: Liberal justice’s swipe at Kavanaugh latest sign of SCOTUS’ slipping standards

Last updated: April 12, 2026 7:26 pm
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JONATHAN TURLEY: Liberal justice's swipe at Kavanaugh latest sign of SCOTUS' slipping standards
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is accustomed to unrelenting personal attacks from the Left that began with his nomination to the nation’s highest court. This week, however, the ad hominem insults came not from cable news pundits or Democrats, but from his own colleague on the bench.  Justice Sonia Sotomayor used an appearance at the University of Kansas School of Law to level a personal dig at Kavanaugh as an out-of-touch elitist.

I have long criticized the growing number of public statements by justices on controversial subjects and cases, including Justice Sotomayor. However, this appearance represented a new low in lashing out at a colleague as effectively blinded by his own privilege.

In her comments, Sotomayor raised Kavanaugh’s concurrence in Noem v. Vasquez Perdomo, an ongoing case which deals with ICE’s ability to briefly detain people during immigration raids.

“I had a colleague in that case who wrote, you know, these are only temporary stops. This is from a man whose parents were professionals. And probably doesn’t really know any person who works by the hour. Those hours that they took you away, 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.”

She then referred to her own background as giving her experience and knowledge that is apparently missing in colleagues such as Kavanaugh:

“Life experiences teach you to think more broadly and to see things others may not. And when I have a moment where I can express that on behalf of people who have no other voice, then I’m being given a very rare privilege.”

It was reminiscent of Sotomayor’s reference to being a “wise Latina” on the bench. While on the Second Circuit, then-judge Sotomayor explained that her life experiences offered a “difference” not shared by other colleagues. In a 2001 lecture at Berkeley law school titled “A Latina Judges Voice,” she heralded the difference that “our gender and national origins may and will make … in our judging.”

In her latest comments, she is suggesting that her interaction with hourly wage earners allows her to see things that Kavanaugh does not in these cases. The claim that she “sees things that others may not” suggests that the privileged, insulated existence of Kavanaugh blinds him to the true merits of cases before him.

Notably, Justice Sotomayor also told the students and faculty that she has a friendship with most, but apparently not all, of her colleagues:

“I dare say that with virtually all of them, I certainly have a civil relationship. And with many of them, I think I dare say that I have a friendship,”

After this speech, I would not expect a social media friend invite from Kavanaugh.

It is true that Kavanaugh went to el

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