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Supreme Court Justice Neil Gorsuch has no mask despite Covid spike

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Neil Gorsuch is Associate Justice during the group photo taken by Justices of the Supreme Court, Washington on April 23, 2021.

Erin Schaff | Pool | Reuters

Each justice is different.

Supreme Court Justice Neil Gorsuch didn’t wear a mask to Tuesday’s hearing, despite the fact that all other justices were wearing them and two of his fellow judges appearing remotely because they had concerns over Covid-19.

Gorsuch did not wear a mask at oral arguments on Friday. However, the other justices present for arguments in physical form all did so to acknowledge the spreading of the coronavirus omicron.

This spread coincides with an increase in Washington, D.C. residents infected by Covid in recent weeks.

Justice Sonia Sotomayor, who sits beside Gorsuch at hearings and was previously the only justice wearing a mask during proceedings, started participating remotely in arguments last Friday via an audio link to her chambers.

Sotomayor suffers from diabetes which increases her vulnerability to Covid.

Justice Stephen Breyer started appearing from the remote on Tuesday. Breyer, at 83, is the oldest member on the high court and normally sits opposite Sotomayor in sessions.

Breyer and seven of the other justices wore masks to hear hours of oral arguments on Friday. The cases involved challenges to Covid vaccinations being mandated by Biden’s administration for large employers and workers with health-care providers. Because they were suffering from Covid, two lawyers participated in the arguments remotely.

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Gorsuch is not the only one who insists that reporters and lawyers attend Supreme Court hearings in N95 masks. Ruth Marcus (Deputy Editor, Washington Post) noted that Marcus was Ruth Marcus’ deputy editorial page editor. in a column on Friday.

Marcus criticized Gorsuch for his failure to wear a maskHe noted that “Like his coworkers, he was given the option of wearing a mask.”

Marcus wrote, “And unlike them, he made poor choices.”

The six other justices in the session, apart from Gorsuch, only took off their masks for a few moments to sip water and sometimes ask questions.

CNBC asked the Supreme Court media affairs office about Gorsuch, but it did not answer immediately.

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