The Marble Palace Blog: Before the Supreme Court's First Monday Comes the Sunday Red Mass

Thank you for reading The Marble Palace Blog, which I hope will inform and surprise you about the Supreme Court of the United States. My name is Tony Mauro. I’ve covered the Supreme Court since 1979, and for American Lawyer Media since 2000. I semi-retired in 2019, but I am still fascinated by the high court. I’ll welcome any tips or suggestions for topics to write about. You can reach me at [email protected].

By law (28 U.S. Code § 2) the Supreme Court convenes its new term every year on the First Monday in October—this time, Oct. 4. But in some ways, the traditions of the high court begin Sunday, the day before.

That is when the 69th Red Mass will take place at the Cathedral of St. Matthew the Apostle in downtown Washington. Its aim, according to the Roman Catholic Archdiocese of Washington, is to mark the opening of the Supreme Court term and to “invoke God’s blessings on those responsible for the administration of justice as well as on all public officials.” It’s called the Red Mass because of the red vestments worn by the dozens of clergy on hand.

The majestic cathedral and its soaring choir and organ music draw not only justices and judges but also law school deans, lawyers, diplomats, members of Congress, cabinet members and occasionally a president. Masks will be required, and the mass can be viewed on YouTube.

This upcoming Red Mass may be historic. For the first time, seven of the Supreme Court’s nine justices are Catholics or have Catholic roots. They are Chief Justice John Roberts Jr. and Associate Justices Clarence Thomas, Samuel Alito Jr., Sonia Sotomayor, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. (Gorsuch grew up as a Catholic, but later attended Protestant churches.) The other two justices—Stephen Breyer and Elena Kagan—are Jewish. They have ecumenically attended the Red Mass from time to time.

By tradition, the number or names of justices attending are not made public ahead of time. But two justices—Roberts and Kavanaugh—have strong ties to the archdiocese and have been longtime attendees. (The news that Kavanaugh tested positive for COVID-19 on Thursday may complicate things.)

Roberts’s wife, Jane, is parliamentarian for the John Carroll Society, the association of professionals in the Washington area that sponsor the Red Mass. It also gives awards for pro bono legal services in the area.

Kavanaugh was an altar boy at the Little Flower Church in Bethesda, Maryland, where Monsignor Peter Vaghi, a lawyer, is the pastor. Vaghi is also chaplain for the John Carroll Society and is an active participant in the Red Mass.

Cardinal Wilton Gregory of the Washington archdiocese will be the main celebrant. Archbishop Gabriele Caccia, permanent observer of the Holy See to the United Nations, will give the homily or sermon.

Years ago the sermons, delivered before something of a captive audience, were controversial because of their strident rendition of Catholic doctrine. The late Justice Ruth Bader Ginsburg famously stayed away from the Red Mass after attending once.

In “Stars of David,” a 2005 book by Abigail Pogrebin, Ginsburg said of the Red Mass, “I went one year and I will never go again, because this sermon was outrageously anti-abortion. Even the Scalias—although they’re very much of that persuasion—were embarrassed for me.”

In recent years, the sermons have been more inclusive, spreading themes of unity and civility. In 2017 Los Angeles Archbishop Jose Gomez, giving the sermon, said, “There is a time for politics and a time for prayer. This is a day for prayer.”