Sotomayor Hears Challenge to Vaccine Rules Remotely U.S. Supreme Court Associate Justice Sonia Sotomayor. (Win McNamee/Getty)
By Theodore Bunker | Friday, 07 January 2022 12:59 PM
Supreme Court Justice Sonia Sotomayor is virtually attending Friday’s hearing on the Biden administration’s vaccine rules from her chambers, though a spokesperson for the court told CNN that "she is not ill."
Sotomayor, who is fully vaccinated and boosted, suffers from diabetes and has previously been the only justice on the court to habitually wear a mask while hearing oral arguments. Two attorneys taking part in Friday’s oral arguments, the Solicitors General of Ohio and Louisiana, are also appearing remotely.
According to the court’s spokesperson, this will be the first time a lawyer has participated remotely during this term. Justices Brett Kavanaugh and Neil Gorsuch both appeared remotely during previous arguments after Kavanuagh tested positive for COVID-19 and Gorsuch fell ill with a stomach bug.
Newsmax previously predicted that Sotomayor will retire at the end of this year after more than 10 years on the Supreme Court.
The National Review reports that Sotomayor questioned the National Federation of Independent Business and the state of Ohio’s argument against the Occupational Safety and Health Administration’s rules stating that employers with 100 or more workers either require they get vaccinated against COVID-19 or agree to weekly testing.
"I’m not sure I understand the distinction why the states would have the power [to issue a similar mandate], but the federal government wouldn’t," she said on Friday morning.
Sotomayor added, "we have accept[ed] the constitutionality of OSHA," and said that the federal government holds “a police power to protect workers.”