Sotomayor Shouldn't Have To Explain

Much less to write a joint statement with Gorsuch

On Wednesday the PBS Newshour focused briefly on a current social media commotion.

U.S. Supreme Court Justices Sonia Sotomayor and Neil Gorsuch are denying a report — a reported rift over wearing a mask. Today, in a rare statement, they said, "It is false. While we may sometimes disagree about the law, we are warm colleagues and friends."

The justices specifically denied that Sotomayor, who is a diabetic, asked Gorsuch to mask up. NPR had reported that she joined oral arguments remotely because Gorsuch was not masked. It did not say she asked him to wear one. NPR said today that it stands by its story.

There you have it.

US Supreme Court Justices Sonia Sotomayor and Neil Gorsuch in a photo similar to the one shown on PBS Newshour, January 19, 2022

I wish I could leave this alone. But I think there’s a story behind the story. What kind of agreement was made to get to this “rare statement”? Was Sotomayor speaking in code? I’m already taking sides.

I’m outraged that Sotomayor had to explain why she was protecting her health and then to deny everything. The public statement didn’t get into details, but it sounded close to an apology. It sounded like she might have been advised to get out there and protect the dignity of the Court.

I’m outraged, too, that the news media didn’t add that, whatever was said by whom, it’s okay to ask associates to wear a mask around you indoors, and if they won’t, it’s okay to work remotely where you feel safe.

And why should you apologize or deny having done so? Where’s the scandal in that?

The other part of this “joint statement” that disturbs me is that Justice Gorsuch missed the chance that day to publicly assume the responsibility of wearing a mask to protect an associate’s health.

I worry about Justice Sotomayor because I think of her as more self-confident than she appeared in the joint statement. But I trust her, so perhaps it’s my job to accept her response to the commotion. I should look for the wisdom in preserving the image of the US Supreme Court as a friendly coalition of mutually respectful, mature men and women.

Still, I wish we could go in there and rescue her!

PBS Newshour transcription

My source for the photo of US Supreme Court Justices Sotomayor and Neil Gorsuch