WASHINGTON — In an unusual joint statement on Wednesday, Justices Sonia Sotomayor and Neil M. Gorsuch sought to rebut reports that Justice Gorsuch’s refusal to wear a mask at Supreme Court arguments has created tensions between them.
“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.”
Since the justices returned this month from their holiday break, all of them started to wear masks in the courtroom except Justice Gorsuch. At the same time, Justice Sotomayor, who has diabetes and had been the only member of the court to wear a mask since the justices returned to the bench in October, started to participate in arguments remotely from her chambers. Justice Sotomayor sits next to Justice Gorsuch on the bench.
The justices’ statement appeared to be carefully worded and seemed to be primarily directed at a report by Nina Totenberg of NPR on Tuesday attributed to “court sources.” In it, Ms. Totenberg said that Justice Sotomayor “did not feel safe in close proximity to people who were unmasked.”
“Chief Justice John Roberts, understanding that, in some form asked the other justices to mask up,” the report said.
The justices’ statement did not appear to contradict those assertions. It did not say, for instance, whether Justice Sotomayor’s absence from the courtroom was a consequence of Justice Gorsuch’s decision not to wear a mask. It also did not say whether Chief Justice John G. Roberts Jr. had urged his colleagues to wear masks.
Later on Tuesday, Shannon Bream, a reporter with Fox News, said, “A source at the Supreme Court says there has been no blanket admonition or request from Chief Justice Roberts that the other justices begin wearing masks to arguments.”
“The source further stated Justice Sotomayor did not make any such request to Justice Gorsuch,” Ms. Bream continued. “I’m told, given that fact, there was also no refusal by Justice Gorsuch.”
The justices’ statement was consistent with that account.
All of the justices are fully vaccinated and have received a booster shot, a court spokeswoman has said.