
Supreme Court Justice Sonia Sotomayor issued a rare public apology to Justice Brett Kavanaugh after personally attacking his privileged upbringing in a bid to discredit his support for ICE immigration enforcement.
Story Snapshot
- Sotomayor criticized Kavanaugh’s background during a University of Kansas speech on April 7, 2026, implying he lacks real-world understanding of hourly workers.
- She apologized on April 15, 2026, calling her remarks “inappropriate” and “hurtful,” without naming Kavanaugh.
- The incident breaches Supreme Court norms of collegiality, highlighting tensions in the 6-3 conservative majority.
- Stems from a 2025 ruling lifting restrictions on ICE stops, where Kavanaugh argued ethnicity can be a relevant 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 sweeps in Los Angeles. The lower court had ruled ICE unlawfully detained people based solely on race, occupation, or Spanish language use. Justice Kavanaugh wrote the sole concurring opinion for the 6-3 majority. He stated ethnicity cannot be the only basis for stops but remains a relevant factor in high-illegal-immigration areas. He described such encounters as brief, with individuals free to go upon proving legal status.
Fresh Humiliation for SCOTUS Justice Sotomayor As She Has to Apologize to Brett Kavanaugh for Cheap Shot https://t.co/kgbIf7mzEX
— Tim Lewis (@TimSLewis) April 16, 2026
Sotomayor’s Public Criticism
On April 7, 2026, at the University of Kansas School of Law, Sotomayor referenced an unnamed colleague’s opinion in the ICE case. She said, “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. These remarks personally questioned his judicial perspective on immigration enforcement.
The Formal Apology
Sotomayor issued a statement on April 15, 2026, via the Supreme Court’s Public Information Office. She admitted referring to a colleague’s disagreement but making “inappropriate” remarks. “I regret my hurtful comments. I have apologized to my colleague,” she wrote. She avoided naming Kavanaugh, as in her original speech. This came days before justices returned for oral arguments on April 20. The apology underscores the rarity of such personal public attacks among sitting justices.
Sotomayor’s earlier dissent in the ICE case was sharp. Joined by Justices Kagan and Jackson, she warned against a country where government seizes Latinos, Spanish speakers, or low-wage workers. She accused the majority of declaring such individuals “fair game.” Yet her Kansas remarks shifted from legal critique to ad hominem attacks on lived experience.
Breaching Supreme Court Norms
Supreme Court justices maintain strict public collegiality despite ideological divides. Sotomayor’s comments violate norms of judicial restraint, making direct personal criticism of a colleague’s background exceptionally rare. The 6-3 conservative majority, including Kavanaugh—a Trump appointee—contrasts the liberal minority with Sotomayor, an Obama pick. This episode exposes divisions on immigration, civil rights, and enforcement that transcend law into personal biases. Americans across the spectrum weary of elite divisions see this as further evidence of institutional failure to prioritize justice over partisanship.
Conservatives applaud Kavanaugh’s America First stance on border security amid Trump’s second term and GOP congressional control. Yet even they recognize how such breaches erode public trust in the Court. Liberals decry immigration policies but must confront their side’s lapses in decorum. Both sides share frustration with a judiciary mirroring Washington’s elite dysfunction, where personal attacks replace principled debate and the rule of law suffers.
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































