Breyer, Sotomayor participate in Supreme Court hearing remotely

Supreme Court Justices Stephen Breyer and Sonia Sotomayor participated in Tuesday’s oral arguments remotely. 

A court spokesperson said Breyer had a false positive COVID-19 rapid test Tuesday morning and participated in arguments remotely from his chambers “out of an abundance of caution.”

“As part of routine testing, Justice Breyer took a COVID-19 rapid test this morning prior to oral argument and the result was positive. That test has now been determined to be a false positive,” said court spokesperson Patricia McCabe. 

“A second rapid test was negative. Subsequently, Justice Breyer received a negative test result from a PCR administered this morning. The results of a PCR test taken by the Justice yesterday were also negative,” she added

Both Breyer, 83, and Sotomayor, 67, and three other justices are among the over-65 population that the Centers for Disease Control and Prevention considers to be at risk for serious illness from the coronavirus. 

Sotomayor, who suffers from type 1 diabetes, an additional risk factor, has participated in oral arguments remotely since last week, while Tuesday’s hearing marked Breyer’s first time doing so this term.

All the justices are vaccinated against COVID-19 and have received booster shots.

Court observers noted that Justice Neil Gorsuch has been the only justice to appear without a mask for arguments this month. Gorsuch’s seat on the bench is immediately next to Sotomayor’s.

The justices heard arguments last week over a pair of Biden administration vaccine requirements for large swathes of the U.S. workforce. Rulings are expected soon.

Updated 3:21 p.m.