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Tipsheet

It Seems the Media Peddled Misinformation About SCOTUS' COVID Squabble Over Masks

Erin Schaff/The New York Times via AP

It seems even the most prestigious legal institution in the land is not immune to COVID, that is the politics of it all. The Court did strike down the employer-based COVID vaccine mandate the Biden administration was pushing that was going to be enforced by OSHA. Yet, it didn’t come before we all saw how wrong the liberal wing of the Court was on the issue. I’m not talking about legal differences. I’m talking about facts. Justice Sonia Sotomayor claimed that 100,000 kids were hospitalized with COVID and on ventilators. She also said Omicron was just as deadly as Delta. Not true. This is what happens when you only watch CNN or MSNBC all day. These people are deciding the fate of millions in the workforce and four of them consumed, digested, and believed in pure science fiction. 

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Luckily, that OSHA mandate was struck down 6-3. Yet, the COVID antics have not stopped. There are reports that Chief Justice John Roberts ordered all members to wear a mask at oral arguments. Justice Gorsuch refused which forced Justice Sotomayor to work remotely. Now, here’s where the red flag comes in—it’s an NPR story (via CNBC):

Supreme Court Justice Neil Gorsuch has refused to wear a mask during in-person proceedings, despite a request from Chief Justice John Roberts for all members of the high court to accommodate Justice Sonia Sotomayor’s concern about Covid-19, according to a new [NPR] report Tuesday.

Gorsuch’s continued defiance has led Sotomayor — who has diabetes and is therefore at a higher risk of serious illness from Covid — to attend oral arguments remotely, according to veteran NPR Supreme Court reporter Nina Totenberg, citing court sources.

When the justices returned to the courtroom last fall to hear arguments in person, Sotomayor was the only one to wear a mask. With the surge of the highly transmissible omicron variant in the winter, however, Sotomayor felt unsafe sitting next to unmasked people, according to NPR.

Roberts “in some form” then asked the other justices to wear masks, Totenberg reported. Gorsuch, one of three justices nominated by former President Donald Trump, was the only one to refuse.

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Yeah, that’s not true. Mark Davis called out NPR over this apparent lie. Fox News also noted that NPR’s sources were not correct. All the justices are vaccinated and boosted. They’re also tested regularly. Davis added that the SCOTUS press office had already said that Justice Sotomayor would be working remotely before this latest lie from the liberal media. 

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Who were your sources, NPR? 

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