During part of the Supreme Court’s regular COVID-19 testing protocols Justice, Brett Kavanaugh, tested positive for COVID-19. The breakthrough infection was discovered Thursday, Sept. 30, and is to be the first known case of COVID-19 amongst the Justices.

The Court’s press team released a statement saying Kavanaugh is in overall good health with no symptoms. The Kavanaugh’s family have all tested negative for the virus and have received their vaccinations prior.

The results come only weeks after the Supreme Court announced that they would resume in person oral arguments in the next term. The Court still wishes to honor that statement but will do so via teleconference and operate completely virtual. The Court did not specify on how Justice Kavanaugh would participate in the online process.

Plans for Justice Amy Coney Barrett’s investiture ceremony will still go on as planned with a Supreme Court presence excluding Justice Kavanaugh. The conservative judge who was appointed by former President Donald J. Trump in 2018, is fully vaccinated as well are the other justices.

COVID-19 has proven to be particularly dangerous to the elderly. Five of the court’s nine justices are over the age of 65, putting them at a higher risk of serious complications or death from COVID-19, according to the CDC.

The case brings concern and worry to the court as they proceed to find the new normal after being closed for the last 18 months due to concerns over the pandemic.