Steven Lubet: The focus on whether Justice Gorsuch was or wasn’t asked to wear a face covering misses the point: He shouldn’t have had to be asked in the first place. - NBCNewsTHINK
No one likes wearing masks, whether it’s doctors or grocery store clerks, but we wear them out of a commitment to the greater good. When a Supreme Court justice can’t make this small sacrifice for the health of his immunocompromised colleague, it underscores how low the standards of comity on the high court may have sunk, regardless of how chummy Gorsuch and Sotomayor actually remain.
Elsewhere, the Supreme Court takes Covid precautions seriously. After hearing cases remotely for the entire previous term, the justices returned cautiously for live arguments last fall. The building is still closed to visitors, and are given very specific instructions to wear “an N95 or KN95 mask in the Courtroom, except when presenting argument,” with the approved masks provided in the lawyers’ lounge.Code of Conduct for United States Judges
says as much, calling upon judges to be “respectful and courteous” toward everyone “with whom the judge deals in an official capacity,” including fellow judges. What could be more discourteous than knowingly causing a coworker so much discomfort that she leaves the room? Although the high court has not officially adopted the code, theSotomayor’s life as a diabetic has not been easy.
The same cannot be said of Gorsuch. Even if he rejects the science behind the Centers for Disease Control and Prevention’s endorsement of masking in closed spaces, it would cause him at most slight discomfort to wear a mask for a couple of hours in the courtroom.
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