Breyer, Sotomayor participate in Supreme Court hearing remotely

The Supreme Court is seen during a snow storm on Monday, January 3, 2022. The Washington, D.C., area is forecasted to receive five to six inches of snow before the afternoon.
Greg Nash

Supreme Court Justices Stephen Breyer and Sonia Sotomayor participated in Tuesday’s oral arguments remotely. 

A court spokesperson said Breyer had a false positive COVID-19 rapid test Tuesday morning and participated in arguments remotely from his chambers “out of an abundance of caution.”

“As part of routine testing, Justice Breyer took a COVID-19 rapid test this morning prior to oral argument and the result was positive. That test has now been determined to be a false positive,” said court spokesperson Patricia McCabe. 

“A second rapid test was negative. Subsequently, Justice Breyer received a negative test result from a PCR administered this morning. The results of a PCR test taken by the Justice yesterday were also negative,” she added

Both Breyer, 83, and Sotomayor, 67, and three other justices are among the over-65 population that the Centers for Disease Control and Prevention considers to be at risk for serious illness from the coronavirus. 

Sotomayor, who suffers from type 1 diabetes, an additional risk factor, has participated in oral arguments remotely since last week, while Tuesday’s hearing marked Breyer’s first time doing so this term.

All the justices are vaccinated against COVID-19 and have received booster shots.

Court observers noted that Justice Neil Gorsuch has been the only justice to appear without a mask for arguments this month. Gorsuch’s seat on the bench is immediately next to Sotomayor’s.

The justices heard arguments last week over a pair of Biden administration vaccine requirements for large swathes of the U.S. workforce. Rulings are expected soon.

Updated 3:21 p.m.

Tags Neil Gorsuch remote hearings Sonia Sotomayor Stephen Breyer Supreme Court of the United States

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