Judge Sotomayor, Breyer works remotely at SCOTUS

U.S. Supreme Court Justices Stephen Breyer (L) and Neil Gorsuch (R).

Tuesday’s oral arguments in the Supreme Court have now lost another direct participant, leading to speculation that the two judges’ absences were a direct response to Justice. Neil Gorsuch’s refuse wear a mask while sitting on a bench.

Justice Stephen BreyerJustice, 83 years old and 67 years old Sonia Sotomayor (who has had type 1 diabetes since childhood) joined the proceedings from their room. Sotomayor, once the only masked justice on the bench, has been involved remotely since the start of his current term. Breyer, who was in the courtroom on Monday, opted to participate remotely on Tuesday. Later in the day, it was reported that Breyer was indeed isolated from a “abundant prudence“After a false positive COVID test.

Earlier that day, there was much talk and speculation about Sotomayor and Breyer’s remote work at SCOTUS.

The court heard the oral arguments in Johnson sues Arteaga-Martinez and Garland sues Gonzalez —Two cases of the federal government’s power to detain immigrants while they await deportation proceedings. Calling the proceedings the “aerosol debate session,” one court watcher noted that Breyer would be seated next to Gorsuch if Sotomayor chose to dial in, as she did on Friday and Monday.

The Washington Post‘S Ruth Marcus also called attention to the difference in COVID-19 precautions on high benches in a piece titled, “Where is Justice Neil Gorsuch’s mask?“. While reporters and lawyers must wear N95 masks, test negative for COVID-19 and social distance, the judges themselves leave their choice. All but Gorsuch chose to wear masks. All judges are Vaccination and booster.

Justice Gorsuch’s decision to remain undisclosed seemed particularly remarkable last Friday, set against the backdrop of the Ohio Attorney General. Benjamin Flowers‘challenge conducted remotely to the Biden Administration’s policy of vaccination or masking and remote testing due to his own COVID-19 diagnosis.

Justice Breyer’s actual absence from the courtroom did not hinder his vigorous participation in the proceedings. Breyer dominates the question as he bakes Assistant to the Attorney General Austin Raynor In the long run, repeatedly press lawyers to defend the position of the federal government.

Justice Sotomayor also injects pragmatism into the arguments, raising many questions and pointing out that immigrants awaiting removal hearings may not have access to counsel.

Justice Gorsuch, asked only a few brief questions during the two hearings, was relatively quiet during Tuesday’s arguments.

In the cases before the Court, the judges will review the 2001 case Zadvydas sues Davis, in which SCOTUS ruled that the detention of non-citizens was inappropriate after six months when their removal could not be reasonably anticipated.

In recent Court arguments over OSHA mask and vaccine regulations, Justice Elena Kagan asked an attorney, “Do you know of any workplaces that have not fundamentally transformed in the last two years?” Perhaps no workplace can be more exemplary than Kagan’s view than the Supreme Court itself.

Since the start of the COVID-19 pandemic, the logistics of SCOTUS procedures have been very dynamic. First, the Court is completely remote, allowing the world to listen to oral arguments as judges take turns asking questions one at a time. Now that the Court has reverted to direct procedure, it has adopted a hybrid system in which judges can ask their own attorneys, but are then prompted to ask questions by the judge. Since these changes were made, Clarence Thomas spoke at every oral argument the Court has conducted.

The judges’ response to the recent increase in Omicron was something of a microcosm of many workplaces.

Editor’s note: this story has been updated with new information about Justice Breyer’s false-positive test results.

[image via Ernst – Pool/Getty Images]

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https://lawandcrime.com/supreme-court/aerosol-argument-session-sotomayor-breyer-noticeably-hear-case-from-chambers-instead-of-sitting-near-unmasked-gorsuch/ Judge Sotomayor, Breyer works remotely at SCOTUS

Ian Walker

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