It was pretty jarring earlier this month when the justices of the U.S. Supreme Court took the bench for the first time since the omicron surge over the holidays. All were now wearing masks. All, that is, except Justice Neil Gorsuch.
What's more, Justice Sonia Sotomayor was not there at all, choosing instead to participate through a microphone setup in her chambers.
Gorsuch, from the beginning of his tenure, has proved a prickly justice, not exactly beloved even by his conservative soulmates on the court. So it's not surprising that the court's three liberal justices would be upset. It is the degree of the upset, though, that telegraphs something different.
"The people at the court, in my time at least, think that the Constitution, the country ... the court is much more important than they are and they somehow keep it together to decide cases appropriately and to get along with each other in a civil way," he said. In 2005, the Bush White House was preparing for the retirement of the ailing Chief Justice William Rehnquist, and according to reliable sources, Alito was led to believe that he would be nominated to become chief justice. But Rehnquist didretire at the end of the term in June, as expected. Instead Justice Sandra Day O'Connor did, and President George W. Bush, after a botched effort at naming a woman, picked Roberts to be O'Connor's successor.
But, as Feldman observes, Scalia referred to himself as a"fainthearted originalist" and"what he meant by that was that he was an originalist, but not if it meant overturning some of the things that have existed for a long time, like the administrative state."
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