The Supreme Court offers a window into partisan COVID fallacies

That Gorsuch would resist mask wearing is no surprise. He is a conservative judge with a libertarian streak who has spent his life around Republican politics. In conservative circles, masks have become a symbol of big-government subjugation.

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But his decision not to wear one — while the other Republican appointees on the court all were — still felt surprising. The justices usually make an effort to treat one another respectfully. They disagree on the law, sometimes harshly, while maintaining productive and even warm relationships, like the famous friendship between Antonin Scalia and Ruth Bader Ginsburg…

Gorsuch had to know that his masklessness could make other justices uncomfortable, including the 83-year-old Stephen Breyer and the 67-year-old Sotomayor, who has diabetes, a Covid risk factor. Sotomayor sits next to Gorsuch on the bench and, notably, chose not to attend Friday’s argument in person. She participated remotely, from her chambers.

When Ruth Marcus of The Washington Post asked a Supreme Court spokesperson whether Sotomayor had done so because Gorsuch was maskless, Marcus got no response.

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