Thread by @mjs_DC

THREAD: You may already know that the 5th Circuit—the most conservative appeals court in the country—downplays or rejects basic facts about the health risks of COVID in its decisions.

Here's one alarming example of how this attitude imperils lawyers before the court. (1/5)

In December, Justice Department lawyer Joshua Koppel asked the 5th Circuit if he could participate in oral arguments remotely. He did not want to travel to the courthouse in New Orleans because he has two young children who have not been vaccinated. (2/5) documentcloud.org/documents/2119…

The 5th Circuit panel—Jones, Elrod, and Oldham, all Republican—denied his request, making him travel to New Orleans.

Fast forward to arguments in January. Koppel wore a mask and kept it on when he approached the lectern.

Then the trouble started. (3/5)
documentcloud.org/documents/2119…

Judge Jerry Smith, a Reagan nominee, told Koppel: "Remove your mask if you would."

Koppel: "I prefer to leave it on if—"

Smith: "We would prefer that you remove it, thank you."

Koppel: "Pardon?"

Smith: "We would prefer that you remove it."
(4/5)

Why wouldn't Jerry Smith let Koppel—the father of young, unvaccinated children—argue with a mask on? These arguments took place during the omicron surge. Koppel's voice was not muffled.

The only plausible explanations are cruelty, COVID denialism, or a mix of both. (5/5)

PS There’s a typo here—it should say Smith instead of Jones. Those of you familiar with both Jerry Smith and Edith Jones may understand the error.

https://twitter.com/mjs_dc/status/1489002895827734534

That wasn't so difficult, was it?

https://twitter.com/RMFifthCircuit/status/1489247674314285057