Judge Brett Kavanaugh speaks at the East Room of the White House on July 9, 2018.
Photo: Diego M. Radzinschi/ALM

U.S. Supreme Court Justice Brett Kavanaugh, in his first major public appearance since joining the court 13 months ago, spoke before an adulatory crowd of Federalist Society members Thursday night, thanking them, his friends, family and fellow justices for helping him get through his confirmation proceedings and his first year on the court.

"My theme, in a word, is gratitude," Kavanaugh said before nearly 3,000 society members, the largest gathering in the conservative organization's 37 years of existence. Kavanaugh said his "lifetime mission" will be "to thank my friends over and over again."

The Federalist Society dinner took over the main hall of Washington's Union Station, as protesters outside shouted that Kavanaugh should be impeached for his alleged instances of sexual abuse in his youth, claims that arose at his confirmation hearing. A truck outside the train station featured video testimony of Christine Blasey Ford, who accused Kavanaugh, then a high school student, of trying to sexually assault her. Some demonstrators made their way inside, blowing shrill whistles to drown out Kavanaugh's speech. They were ushered out quickly.

During the event, there was no mention of the sexual misconduct claims, as the society greeted Kavanaugh with prolonged standing ovations and celebrated its victory in helping the Trump administration fill federal judicial vacancies with conservative candidates. "Now we are the mainstream," said former White House counsel Donald McGahn, who introduced Kavanaugh. Justices Samuel Alito Jr. and Neil Gorsuch were also in attendance.

A truck with ads targeting Supreme Court Associate Justice Brett Kavanaugh drives past the entrance to the Mayflower hotel in Washington where the Federalist Society held its annual lawyers convention on Nov. 14, 2019. Credit: Diego M. Radzinschi / ALM

In addition to giving thanks, Kavanaugh offered inside vignettes of his new life as a junior justice:

>> By tradition, the newest justice is assigned to the court's cafeteria committee, and Kavanaugh said he has already made his mark. After noticing that the cafeteria does not serve pizza, he suggested that it should be added to the menu. The cafeteria will soon do so, Kavanaugh said. He could not vouch for its quality, but said confidently, "There's no such thing as bad pizza." He added that he hopes he will be known in history as "the pizza justice."

>> Justices eat lunch together after oral argument conferences, which works out to be 60 lunches a year, Kavanaugh said. "That's a lot of lunch with the same nine people." By the rules laid down by Justice Sandra Day O'Connor, justices don't talk about work at the lunches. Kavanaugh said that Justice Elena Kagan told him that his arrival on the court caused a "significant increase in sports talk, and a major decrease in Shakespeare analysis." Kavanaugh is a die-hard fan of the Washington Nationals, and his predecessor Anthony Kennedy is a Shakespeare aficionado.

>> Kavanaugh extolled the collegiality of the court, praising Justice Ruth Bader Ginsburg for being "an inspiration" to his four female law clerks last term. He told the clerks to cherish a photograph taken with Ginsburg. Kavanaugh added that "the collegiality of our court today is perhaps best represented … when Justice Thomas and Justice Ginsburg walk arm-and-arm down the steps in back of the bench."

Since joining the court, Kavanaugh has rarely been seen in the spotlight, even avoiding visits to law schools, usually a safe haven for justices. A recent Washington Post profile of Kavanaugh portrayed him as somewhat reclusive except in familiar surroundings. "For the most part, he limits himself to a self-contained world where people are not confrontational or disrespectful," the article stated.

That world includes the Supreme Court itself, where his fellow justices and court employees have welcomed him. Kavanaugh said Thursday night that all eight of his "wonderful colleagues" have gone out of their way to make him feel at home. "A team of nine," he said, using a phrase that he'd repeated often at his confirmation proceedings.

Kavanaugh's appearance before the Federalist Society stirred controversy before it occurred. In a statement issued Thursday, Sen. Sheldon Whitehouse, D-Rhode Island, said Kavanaugh's presence would generate ticket sales for the Federalist Society that "line the pockets of the organization." Whitehouse added, "A private organization funded by anonymous donors having an improper role in the selection of judges and justices is bad enough. A Supreme Court justice returning favors to that organization is even worse. The court needs an ethics code."

In a recent Slate magazine article, former federal magistrate judge James Donohue asserted that federal judges should not appear before the Federalist Society, even though it purports to be an apolitical organization. "This is a straw man," Donohue said, pointing to the society's role in aiding the Trump administration's recruitment of judicial nominees.

As if to respond to criticism about his appearance, Kavanaugh said Thursday night that from his longtime membership in the society, he knows that it "does not take legal or policy positions" and "makes sure that all voices are heard. Its primary point of view is to be open to all points of view."

Kavanaugh said he has attended society dinners such as the one Thursday night for more than 25 years, adding wryly that he has been "reliably informed" that he is one of the "few judicial nominees who regularly paid my Federalist Society dues."

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