Supreme Court Justice Neil Gorsuch has refused to wear a mask during in-person proceedings, despite a request from Chief Justice John Roberts for all members of the high court to accommodate Justice Sonia Sotomayor’s concern about Covid-19, according to a new report Tuesday.
Gorsuch’s continued defiance has led Sotomayor — who has diabetes and is therefore at a higher risk of serious illness from Covid — to attend oral arguments remotely, according to veteran NPR Supreme Court reporter Nina Totenberg, citing court sources.
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The Centers for Disease Control and Prevention (CDC) still recommends that everyone over the age of 2 years wear masks in indoor settings, as certain individuals with underlying health conditions may be at greater risk of contracting the virus even if they’re vaccinated.
Sotomayor has diabetes, and is therefore considered at greater risk of serious complications if she contracts COVID. It’s possible that her decision to work remotely this week came in response to Gorsuch’s refusal to wear a mask, as the two sit next to each other on the Court’s bench.
Since January, amid the surge of the Omicron variant of the coronavirus, all of the justices have worn masks on the bench, except for Gorsuch. In the ornate courtroom, he sits next to Sotomayor.
Last week, Breyer, at 83 the oldest member of the court, stayed out of the courtroom after a spokesperson said he received the results of a Covid test that were later determined to be a false positive.
Under Supreme Court rules, media covering the court proceedings and lawyers arguing before the court have to wear masks, but there are no specific rules regarding masks for justices. All of the justices have been fully vaccinated and received booster shots. They are also frequently tested.
The justices often say that while they disagree on paper, they pride themselves on civility. At a videoconference event last year with Sotomayor, Gorsuch noted that the court is composed of people from “all across the country” with “radically different life experiences” who share a love for the country.More than that, Gorsuch added, his colleagues “really love one another, respect one another and listen to one another.”
In Washington, D.C., where the Court meets in person, the hospitalization rate has gone up by 162 percent over the past week, figures from The New York Times show.
More Read: Law in the Age of COVID-19
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