Courts

Federal Judges Ask Lawyer Appearing Before Them To *REMOVE* Mask

Of course it was the Fifth Circuit.

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gavel maskI still can’t wrap my mind around this one. Like we are in year three of a pandemic, and, while imperfect, masking is an important tool in limiting the spread of COVID-19. I guess the Fifth Circuit never got the memo.

Joshua Koppel did not want to travel to New Orleans for oral arguments because he has two young children at home that cannot be vaccinated. Which, fair enough. So he asked to attend the argument remotely, since, you know, WE HAVE THE TECHNOLOGY. But the Fifth Circuit panel — Jerry Smith, Jennifer Elrod, and Andy Oldham — denied the motion. If you guessed that all three panel members were appointed by Republicans, you get a shiny gold star.

Anyway, this is where things get truly bonkers. During the oral argument, Judge Jerry Smith asked Koppel to remove his mask — as detailed by Mark Joseph Stern on Twitter:

Excuse me while I grab my jaw from off of the floor. You can hear the audio for yourself, Koppel is perfectly clear with a mask on. And let’s not forget that in New Orleans, where the courthouse is located, there is a mask mandate in effect for all indoor spaces except while actively eating or drinking. Notice there is no oral argument carve out. There is simply zero justification for the request — the panel just wanted to impose their own feelings about the pandemic on those in the courtroom.

Listen, I understand that not everyone has the same risk assessment when it comes to COVID. Walking into any store these days is an interesting game of how many masks will you see, even with mandates in effect. But I really thought that, except for the lowest of the low, no one really bothered you if you wanted to wear a mask. After all — who the hell cares if you decide to be more cautious then they are? Well, the Fifth Circuit, apparently.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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