Ruth Bader Ginsburg on Brett Kavanaugh: A Comprehensive History of Her Words and Views
The relationship and public commentary of Justice Ruth Bader Ginsburg regarding Justice Brett Kavanaugh remain subjects of significant historical and legal interest. As of 2026, looking back at the records of the late Justice Ginsburg, her perspective on Kavanaugh was characterized by a distinct separation between professional respect for his credentials and a profound disappointment in the increasingly partisan nature of the Supreme Court confirmation process. Justice Ruth Bader Ginsburg (RBG) initially praised Brett Kavanaugh’s intellectual qualifications and his record of mentoring female lawyers before his confirmation became embroiled in controversy. While she lamented the "highly partisan" atmosphere of his 2018 hearings, she maintained a collegial professional relationship with him during their two years together on the Supreme Court bench until her passing in 2020. The Pre-Confirmation Appraisal: Initial Reactions to the Nomination When President Donald Trump nominated Brett Kavanaugh to the Supreme Court in July 2018 following the retirement of Justice Anthony Kennedy, Ruth Bader Ginsburg’s initial public comments were focused on his professional background. At a judicial conference in New York shortly after the announcement, Ginsburg described Kavanaugh as "very bright" and a "fine person." These comments were rooted in her long-standing knowledge of his work on the U.S. Court of Appeals for the D.C. Circuit, a court often referred to as the second-highest court in the land. Ginsburg herself had served on the D.C. Circuit before her elevation to the Supreme Court, and she frequently kept tabs on the intellectual output of that bench. At the time, she noted that Kavanaugh was a "hardworking judge" with a "very decent" reputation among his peers in the legal community. It is important to understand the context of these remarks. Ginsburg belonged to an older generation of jurists who believed that a president’s nominee should be evaluated primarily on their legal acumen and character, rather than their ideological alignment. Her initial praise was not an endorsement of his future rulings but an acknowledgement of his standing within the traditional legal establishment. The "All-Female" Clerkship Milestone One specific aspect of Brett Kavanaugh’s professional record that Ruth Bader Ginsburg publicly lauded was his commitment to gender diversity among his staff. Ginsburg was a lifelong advocate for women in the legal profession, and she took notice when Kavanaugh made history by hiring an all-female class of law clerks for his first term on the Supreme Court. During an appearance at the Atlantic Festival in late 2018, Ginsburg remarked that Kavanaugh’s hiring practices were a positive step for the institution. She noted that he had been a "very good" mentor to women throughout his career on the D.C. Circuit. For Ginsburg, who had struggled to find a clerkship herself despite her stellar academic record at Harvard and Columbia, Kavanaugh's proactive approach to elevating female lawyers was a point of genuine professional appreciation. This recognition did not mean she agreed with his judicial philosophy, but it highlighted a shared value regarding the importance of breaking barriers within the chambers of the Supreme Court. By 2026, this remains a frequently cited example of how justices can find common ground even when they reside on opposite ends of the ideological spectrum. RBG on the Kavanaugh Confirmation Process The 2018 confirmation hearings for Brett Kavanaugh were among the most contentious in American history, particularly following the testimony of Dr. Christine Blasey Ford. While Ginsburg was careful not to comment directly on the specific allegations or the veracity of the testimony, she was vocal about her disdain for the process itself. Ginsburg often compared the Kavanaugh hearings to her own confirmation in 1993. She frequently reminded audiences that she was confirmed by a vote of 96 to 3, despite her well-known history as a "flaming feminist" litigator for the ACLU. She lamented that the era of bipartisan consensus for qualified nominees had ended. In her view, the Kavanaugh proceedings were a "circus" and a "highly partisan" display that damaged the public's perception of the court as an independent, non-political body. She famously stated, "The way it was, was right. The way it is, is wrong." By this, she meant that the process had shifted from a search for the best legal minds to a political battlefield. Her critique was not necessarily aimed at Kavanaugh himself, but at the Senate's handling of the vacancy and the vitriol that characterized the period. Professional Collegiality on the Bench (2018–2020) Once Brett Kavanaugh was sworn in as an Associate Justice, the relationship moved from the public eye to the private confines of the Supreme Court. Ginsburg was a staunch defender of the court's internal collegiality. She believed that despite profound disagreements on the law, the justices must maintain a functional and respectful working relationship to uphold the dignity of the branch. From 2018 until her death in September 2020, Ginsburg and Kavanaugh served together on the bench. Observers of the court noted that they maintained the traditional "polite" atmosphere of the chamber. Ginsburg was known for giving newly appointed justices a warm welcome, regardless of who appointed them. However, their voting records remained starkly different. On major cases involving reproductive rights, administrative law, and environmental protections, Ginsburg and Kavanaugh were rarely on the same side. For example, in the 2020 case June Medical Services v. Russo, Ginsburg joined the majority to strike down a restrictive Louisiana abortion law, while Kavanaugh was among the dissenters. This professional divide highlighted that while she respected him as a colleague, she remained fundamentally opposed to the conservative originalism he brought to the bench. Comparative Overview: Ginsburg and Kavanaugh To better understand the differences and the brief overlap between these two figures, the following table outlines their backgrounds and their tenure together. Feature Ruth Bader Ginsburg Brett Kavanaugh Appointed By Bill Clinton (1993) Donald Trump (2018) Confirmation Vote 96-3 50-48 Judicial Philosophy Liberal/Living Constitution Conservative/Originalism Prior Court U.S. Court of Appeals (D.C. Cir.) U.S. Court of Appeals (D.C. Cir.) Years Served Together 2018–2020 2018–Present (as of 2026) Shared Focus Gender equality in the law Mentorship of female clerks The Legacy of Their Interaction In the years following Ginsburg's death, many have analyzed her comments on Kavanaugh to understand her broader philosophy on the American judiciary. Ginsburg was a institutionalist; she believed the Supreme Court was stronger when it stayed above the fray of party politics. Her willingness to call Kavanaugh "bright" and "decent" while the rest of the country was divided was a testament to her belief that the law should be a profession of mutual respect. Critics of the court in 2026 often point to the Kavanaugh confirmation as the turning point that led to the current era of judicial polarization. Ginsburg's warnings about the "partisan" nature of the process were prophetic. She saw the danger in the court becoming viewed as just another political organ, and her comments on Kavanaugh were often framed through this lens of institutional preservation.
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