Andrew Chung, Lawrence Hurley

(Reuters) – The U.S. Supreme Court issued an uncommon joint statement on Wednesday by conservative Justice Neil Gorsuch and liberal Justice Sonia Sotomayor, denying a rift over the use of a mask to cover their faces during oral arguments in order to prevent COVID-19.

Our surprise at the report that Justice Sotomayor wanted Justice Gorsuch wearing a mask was surprising. In the statement provided by a court spokesperson, Sotomayor & Gorsuch claimed that it was false. While we sometimes have disagreements about the law we remain warm friends and colleagues.

Sotomayor (67) has diabetes. It is an indicator of the possibility for COVID-19 complications. Gorsuch sits alongside Sotomayor on the bench of nine members when oral arguments are being heard.

According to NPR, this statement appears to have been made to respond to reports that the justices were required to wear masks in the midst of a spike in COVID-19 infection caused by Omicron coronavirus. Gorsuch was the only one to refuse. According to NPR, Chief Justice John Roberts made the request and not Sotomayor.

Roberts released a separate declaration, disproving the report. Roberts stated that he did not ask Justice Gorsuch or any Justice to wear a mask while sitting on the bench.

Sotomayor, as reported by media, decided to attend oral arguments and the confidential weekly conference of the justices, not from her chamber. Reuters was unable to independently confirm the authenticity of these reports.

Gorsuch, however, was not addressed in the joint statement. Except for Sotomayor (who wore a mask in every case), all the justices were uncovered from October to December.

Gorsuch was once more the only justice to not wear a mask Wednesday. When asked questions in oral arguments, other justices may remove their masks.

Gorsuch’s and Sotomayor’s rift would have been incompatible with their friendship on the bench. Over the years, observers have noted how the pair often laughed together. Sotomayor stated to an audience of 2019, “He is a beautiful person.”

After hearing cases via teleconference in the pandemic, the court resumed in-person arguments in Oct. It remains closed to the general public. Before attending argumentation, lawyers and reporters covering court proceedings must prove that they are not positive for COVID-19.

Gorsuch was the only person to be unmasked when justices entered the courtroom for an urgent set of oral arguments on January 7. Sotomayor didn’t take to the bench and continues her work in her chambers.

The justices eventually blocked Biden’s vaccination-or-testing mandate for businesses with at least 100 workers while allowing a federal vaccine requirement covering healthcare facilities.

NPR cited court sources to report that Roberts asked other justices to cover up because Sotomayor was concerned about being near unmasked persons. All of them did. But Gorsuch is not on the bench, and Sotomayor sits beside him.