SUBSCRIBE NOW Just 99¢ for your first month

ADVERTISEMENT

ADVERTISEMENT

American Opinion: Americans deserve to know if Gorsuch has forced Sotomayor to work remotely

American Opinion: Their silence on that point suggests this may well be the familiar scenario that too many Americans are seeing in their workplaces: the stubborn refusenik who thinks his right to make a point about not being told what to do supersedes a co-worker’s right to breathe. If that’s not the case, Sotomayor and Gorsuch should say that, if only for the sake of the public’s already-diminished esteem for the court. And if that is the case — well, the public deserves to know that as well.

U.S. Supreme Court in 2021
The justices of the Supreme Court pose for a group photo at the Supreme Court in Washington, D.C., on April 23, 2021.
Erin Schaff-Pool/Getty Images/TNS
We are part of The Trust Project.

In an era in which everyone’s a media critic, Nina Totenberg has been getting some exceptionally rough reviews lately. NPR’s veteran Supreme Court watcher last week reported that conservative Justice Neil Gorsuch refuses to wear a mask while sitting next to liberal Justice Sonia Sotomayor, who is diabetic, thus causing Sotomayor to participate remotely in the court’s deliberations.

To the delight of the right, a detail in Totenberg’s story — that Chief Justice John Roberts “in some form or other, asked” the justices to mask up for Sotomayor’s benefit, and that Gorsuch defied him — is in dispute. The sound and fury around that one word, “asked,” is blurring what seems to be the bigger question: Is Gorsuch really refusing to wear a mask to the point of driving his colleague out of the room? That particular question remains conspicuously unanswered.

Gorsuch and Sotomayor issued a joint statement denying that Sotomayor had asked Gorsuch to mask up. But, in fact, Totenberg’s story didn’t claim that Sotomayor had personally made such a request. More problematic is Roberts’ public statement asserting that he did not “request” that justices wear masks. It was a terse, short statement without elaboration, and Totenberg’s defenders were quick to point out that it didn’t preclude the possibility that Roberts encouraged mask use with something less than a specific request (suggest? hint? indicate?). Indeed, the tentative wording in Totenberg’s report indicates she herself wasn’t clear on whether this was a directive, a request, or something milder.

But, notably, the underlying central claim of the story — that Gorsuch’s refusal to mask has forced Sotomayor to distance herself from her colleagues — hasn’t been specifically disputed by anyone. All that’s clear is that Sotomayor is now participating in the court remotely, and of the eight remaining justices appearing in public together lately, Gorsuch is the only one who hasn’t been masked.

Is it possible everyone has the cause-and-effect backward? That is, that Sotomayor preemptively decided for her safety to work remotely, regardless of whether her colleagues were masked, thus leading Gorsuch to decide it wasn’t necessary to wear one? That would be the most benign explanation. But if that’s the case, why didn’t Gorsuch and Sotomayor just say that in their joint statement, rather than letting this storm rage for the past week?

ADVERTISEMENT

Their silence on that point suggests this may well be the familiar scenario that too many Americans are seeing in their workplaces: the stubborn refusenik who thinks his right to make a point about not being told what to do supersedes a co-worker’s right to breathe. If that’s not the case, Sotomayor and Gorsuch should say that, if only for the sake of the public’s already-diminished esteem for the court. And if that is the case — well, the public deserves to know that as well.

This American Opinion editorial is the opinion of the editorial board of the St. Louis Post-Dispatch.

©2022 STLtoday.com . Distributed by Tribune Content Agency, LLC.

wct.op.americanopinion
American Opinion
More editorials:
Recent editorials of the Tribune Editorial Board and others published in the West Central Tribune.
Summary: At 3 p.m. local time Monday, all Americans are asked to pause for a minute of silence in remembrance and honor of those who have died serving America.

What to read next
Summary: The natural tendency of people horrified by tragedies such as those involving Martin, Brown and Floyd is to donate generously. That’s good. But the first order for donors must be to ensure the organization and its leaders are qualified to deploy the funds properly. No one advances the cause of racial injustice with self-serving contracts and a $6 million mansion.
Summary:
Summary: Even now, the U.S. is averaging about 300 coronavirus deaths daily, far less than at its peak but still a significant threat. New cases are on the rise, and the potential for a serious new variant remains. This thing isn’t over.
Summary: An uncertain power grid requires better communication from leaders. A late Friday news dump is a classic technique to bury bad news, not rouse the public to action.