"Reporting that Justice Sotomayor asked Justice Gorsuch to wear a mask surprised us. It is false. While we may sometimes disagree about the law, we are warm colleagues and friends."

 A statement from Sotomayor and Gorsuch, tweeted by the NYT reporter Adam Liptak.

Also tweeted by Liptak, a statement from Chief Justice Roberts: “I did not request Justice Gorsuch or any other Justice to wear a mask on the bench.”

Here's Liptak's article at the NYT, giving the background: 

The justices’ statements seemed to be primarily directed at a report by Nina Totenberg of NPR on Tuesday attributed to “court sources.” In it, Ms. Totenberg said that Justice Sotomayor “did not feel safe in close proximity to people who were unmasked.” “Chief Justice John Roberts, understanding that, in some form asked the other justices to mask up,” the report said.

I blogged Totenberg's article (yesterday, here), but not the part about the masks, even though Gorsuch's mask is forefronted. The headline is "Gorsuch didn't mask despite Sotomayor's COVID worries, leading her to telework." There's no correction there, and Liptak says NPR said it stands behind Totenberg's reporting. Liptak doesn't — and can't — say Totenberg (or her sources) were wrong. Roberts, Sotomayor, and Gorsuch could all be lying or stretching the truth. 

And what counts as asking Gorsuch to wear a mask? Maybe Roberts/Sotomayor said something more general and respectful, such as expressing the opinion that it's a good idea to wear masks to protect others and that they'll be wearing a mask or just saying that they'll be wearing a mask because they believe it's best. That's not directly asking, but could be construed by the sources as a way of obliquely asking. 

Anyway, I love the statement "we are warm colleagues and friends." I hope they are, and at least they show that they know they should be, that the legal disputes are not personal. It's not just a matter of displaying civility. It's foundational to their legitimacy.

UPDATE: "NPR reporting on Supreme Court mask controversy merits clarification/An inaccurate verb choice made the reporting unclear" (NPR).

Totenberg and her editors should have chosen a word other than "asked." And she could have been clear about how she knew there was subtle pressure to wear masks (the nature or even exact number of her anonymous sources) and what she didn't know (exactly how Roberts was communicating)....

The way NPR's story was originally worded, news consumers must choose between believing the chief justice or believing Totenberg. A clarification improving on the verb choice that describes the inner workings of the court would solve that dilemma.

"At oral argument, Justice Elena Kagan, one of the court's best questioners, sometimes... just shuts down... Still, her anger is often palpable, the color literally draining from her face. "

"And Justice Stephen Breyer on occasion just holds his head.... There isn't a lot of love lost among the court's six conservatives either.... If you watch carefully, you can see conservative eyes rolling from time to time.... [M]any of the conservatives are vying for the position of intellectual leader of the conservative majority, while the chief justice privately worries about going too far too fast. There are, in addition, some long and perhaps not so buried resentments among the conservatives. Alito on occasion barely conceals his disdain for Roberts.... In recent decades, the court has built its legitimacy on a certain degree of moderation — giving the left some of what it wanted and the right some of what it wanted. The left got gay rights and gay marriage, and some limits on presidential power exercised in the name of national security. And the right got expanded religious liberty and expanded free speech, which brought with it expanded corporate spending in elections.... But... the court's conservatives detest each other in the same way that the justices did in the 1940s. Back then, they couldn't agree on anything because, as [Noah] Feldman notes, 'they hated each other.' and even though they might have been able to to reach a consensus, they didn't 'because the hatred was so deep.' To cite just one example of how bad it was, Justice Felix Frankfurter called Justice William O. Douglas 'one of the completely evil men I have ever met.' And Douglas referred to the Austrian-born Frankfurter, who was Jewish, as 'Der Führer' and that was during World War ll."

Writes Nina Totenberg in "Supreme Court justices aren't 'scorpions,' but not happy campers either" (NPR). 

The "scorpion" quote refers to "9 scorpions in a bottle," a famous phrase that Totenberg doesn't give a source, perhaps because it's so famous, but perhaps because the usual attribution — to Oliver Wendell Holmes Jr. — seems incorrect. Noah Feldman's book "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices Paperback" begins with the quote "The Supreme Court is nine scorpions in a bottle," attributed to Alexander Bickel, law clerk to Justice Felix Frankfurter, 1952–53, and drops this footnote: