By Supreme Court Justice Sonia Sotomayor issued a rare public apology Wednesday after making remarks that were widely interpreted as criticizing fellow Justice Brett Kavanaugh, acknowledging that her comments were inappropriate and personal.
The controversy stems from comments Sotomayor made last week during an appearance at the University of Kansas School of Law, where she discussed a September 2025 Supreme Court decision involving immigration enforcement practices, writes Politico. While referencing a concurring opinion without naming its author, she said, “I had a colleague in that case who wrote … these are only temporary stops,” according to reports. She added, “This is from a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.” She also observed, “There are some people who can’t understand our experiences, even when you tell them.”
The remarks were widely understood to refer to Kavanaugh, who authored a separate concurring opinion in the case explaining his view that such enforcement stops would typically be brief and resolved quickly once an individual’s legal status was confirmed.
Sotomayor, an appointee of President Barack Obama, had written a dissent in the underlying case, joined by Justices Elena Kagan and Ketanji Brown Jackson. In that dissent, she warned against enforcement practices that could rely on appearance or perceived socioeconomic status, writing, “We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.”
On Wednesday, the Supreme Court’s public information office released a statement from Sotomayor addressing the controversy. “At a recent appearance … 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.”
Public criticism of one justice by another is rare, particularly when it involves personal characterizations rather than legal disagreements. The prompt apology underscores the sensitivity surrounding internal court dynamics and the expectation that justices maintain a degree of collegiality despite ideological divisions.
Sotomayor has previously spoken candidly about the challenges of serving on a court where she is frequently in dissent. At a 2024 appearance at the University of California, Berkeley School of Law, she described the emotional impact of unfavorable rulings, saying, “I live in frustration. And as you heard, every loss truly traumatizes me in my stomach and in my heart. But I have to get up the next morning and keep on fighting.”
In recent years, she has also adjusted her writing style in dissents, at times omitting the traditional “respectfully” to signal sharper disagreement with the court’s conservative majority on issues including civil rights and administrative authority.
The case at the center of the dispute involved challenges to immigration enforcement tactics used by federal authorities under the Trump administration. Critics argued the approach risked enabling racial profiling, while supporters maintained it was a lawful and practical method of identifying individuals in the country unlawfully.
Sotomayor’s apology comes as the Supreme Court continues to confront politically sensitive cases, particularly in the area of immigration, where disputes over enforcement authority and constitutional limits remain ongoing.
On Friday, the court is expected to issue its most controversial ruling of the term, likely striking down racially-constructed congressional districts forced by the Voting Rights Act that mandate majority-minority districts.
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