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Two Supreme Court Justices Were Accused of Spreading COVID ‘Misinformation.’ Only One Was Guilty.

Supreme Court Justices Sonya Sotomayor and Neil Gorsuch were both officially recorded as making wildly false claims regarding COVID-19 during oral arguments Friday, sparking a media meltdown.


Clearly, no elite American institution is qualified to be the coronavirus truth police.


Sotomayor and Gorsuch delivered the controversial statements while presiding over a hearing on the Biden administration’s COVID-19 vaccine mandate for large employers.

Sotormayor, one of the court’s most liberal justices, hugely overstated the number of children hospitalized with the coronavirus in the U.S. in an attempt to convey the ongoing need for vaccinations.

Conservative commentators accused Sotomayor of stupidly fueling the left’s COVID hysteria.

  • Fox News host Tucker Carlson quipped Friday night that Sotomayor is not known as a “super-genius to put it mildly” and that she “showed up with no facts at all.”
  • The Washington Post Fact-Checker on Saturday called her estimate of pediatric hospitalizations “absurdly high” and gave it a “Four Pinnochios” rating reserved for “Whoppers.”
  • “Sotomayor’s number is at least 20 times higher than reality, even before you determine how many [hospitalized children] are in ‘serious condition,'” Glenn Kessler wrote, citing government data.
  • The Biden administration, amid its own COVID credibility crisis, has since dodged questions about Sotomayor’s promotion of “misinformation.”

2. Gorsuch, among the most conservative justices on the bench, was widely quoted as saying influenza kills “hundreds of thousands” of people each year as he questioned what level of pandemic would justifying mandatory vaccines.


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Liberal pundits and media outlets pounced, before the Supreme Court corrected its official transcript Monday to reflect that Gorsuch had actually put the number of annual flu deaths at “hundreds, thousands,” not “hundreds of thousands.

  • The flu kills 12,000-52,000 U.S. residents in an average year, per the Centers for Disease Control and Prevention.
  • A handful of diehard partisans, like The Nation’s Elie Mystal, refused to walk back their criticism of Gorsuch in the face of the new evidence.
  • Others turned to complaining about Gorsuch’s workplace masking habits.


For some professional skeptics, the Supreme Court controversies further underlined the absurdity of the Biden White House, Big Tech and the media asserting themselves as authorities of acceptable speech about COVID-19.

  • “Bad predictions, bad information, and a habit of stomping all over the truth are a big part of the reason why so many Americans are feeling not just depressed but actually angry about what’s going on with the virus,” Kyle Smith wrote Monday at National Review.
  • “Is it any wonder people are at the boiling point when so many high-ranking figures seem to have developed an allergy to the truth?”