Supreme Court justices deny any frictions over masks in the courtroom

Supreme Court Justices Neil Gorsuch and Sonia Sotomayor denied Wednesday that there have been tensions between them over the issue of wearing masks while seated on the courtroom bench during oral arguments.

“Reporting that Justice Sotomayor asked Justice Gorsuch to wear a mask surprised us,” they said in a rare joint statement. “It is false. While we may sometimes disagree about the law, we are warm colleagues and friends.”

Since the court resumed oral arguments in January after the holiday break, Gorsuch has not worn a mask in the courtroom. Sotomayor has been absent from the bench and has instead participated through an audio hookup to her chambers in the court building.

The court has declined to explain why Sotomayor has participated remotely, but she has been diabetic since she was a child, which puts her in a higher-risk category for the Covid virus. She and Gorsuch normally sit next to each other behind the bench.

The court has also declined to answer questions about why Gorsuch does not wear a mask in the courtroom.

Wednesday’s statement was apparently in response to a National Public Radio report that said “Sotomayor did not feel safe in close proximity to people who were unmasked. Chief Justice John Roberts, understanding that, in some form or other asked the other justices to mask up.”

Roberts on Wednesday denied asking his colleagues to wear masks during oral argument.

“I did not request Justice Gorsuch or any other justice to wear a mask on the bench,” he said in a statement released by the court.

While Gorsuch does not wear a mask during the argument sessions, several justices remove theirs when asking questions, and Justice Samuel Alito frequently leaves his off for extended periods.

The court has said that all the justices have received Covid vaccinations and booster shots.

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