Sotomayor, Gorsuch issue statement denying tensions over masks

Supreme Court Justice Sonia Sotomayor on Wednesday issued a joint statement with fellow Justice Neil Gorsuch denying tensions over masks, with Sotomayor saying she did not ask Gorsuch to wear a mask amid surging COVID-19 cases.

Gorsuch, a member of the panel’s conservative bloc, has been the only justice to appear on the bench without a mask for arguments this month, court observers have noted recently.

Sotomayor, 67, who has type 1 diabetes putting her at additional risk from COVID-19, opted to participate in oral arguments remotely starting early this month.

“Reporting that Justice Sotomayor asked Justice Gorsuch to wear a mask surprised us. It is false,” Sotomayor and Gorsuch said in the joint statement shared by the court on Wednesday.

“While we may sometimes disagree about the law, we are warm colleagues and friends,” they added, without identifying what reporting exactly they were referring to.

NPR‘s Nina Totenberg reported Tuesday that Sotomayor was uncomfortable being around individuals who are unmasked and opted to listen to arguments from her chambers.

The outlet reported that Chief Justice John Roberts had asked colleagues to wear a mask, though Gorsuch reportedly declined.