Supreme Court Justices Neil Gorsuch and Sonia Sotomayor issued a bizarre statement on Wednesday following a report that Gorsuch refuses to wear a mask, despite Sotomayor being at greater risk of serious illness if she contracts COVID-19.
As the highly transmissible omicron variant continues to spread, Chief Justice John Roberts has asked his colleagues on the court to wear a mask, at least partially out of respect for Sotomayor, who has had diabetes since childhood. Gorsuch, a staunch conservative, has refused to wear a mask — despite sitting right next to Sotomayor on the bench, NPR first reported Tuesday.
Because of Gorsuch’s refusal to mask up, Sotomayor has been forced to call in for weekly conferences instead of attending in person.
Following the report, Gorsuch and Sotomayor issued a statement about the controversy that didn’t address the actual issue.
“Reporting that Justice Sotomayor asked Justice Gorsuch to wear a mask surprised us,” the statement said. “It is false. While we may sometimes disagree about the law, we are warm colleagues and friends.”
NPR’s report never said that Sotomayor asked Gorsuch to wear a mask. Rather, NPR reported that it was Roberts who asked all colleagues to mask up.
While the statement says the two justices are “warm colleagues and friends,” it does not address the crux of the report: that Gorsuch refuses to wear a mask on the bench.
