The highly unusual exchange between Justice Samuel Alito and Justice Sonia Sotomayor over a dissent read from the bench was based on a “misunderstanding” by the conservative justice, the Supreme Court said Friday.
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“Justice Alito was notified in advance by Justice Sotomayor’s chambers that she would be reading a dissent from the bench,” the court spokesperson said in a statement in response to questions from CNN.
“It was a misunderstanding on Justice Alito’s part,” the spokesperson added.
The rare statement came a day after a tense back-and-forth between the two justices when Sotomayor, the court’s senior liberal, publicly read a dissent in a case involving asylum claims. Alito, a conservative who was then set to summarize the next opinion, appeared taken aback by his colleague’s remarks.

Alito’s testy reaction to Sotomayor underscores tensions at Supreme Court
“There’s much that I would have added to my bench statement had I known there would be a dissent read,” Alito said, an unusual break from protocol during what is normally a highly choregraphed release of opinions.
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Alito, who authored three of the four opinions released Thursday, suggested at the time that he didn’t realize Sotomayor would read her dissent verbally. Verbal dissents are rare and usually underscore a justice’s strong disagreement with the majority’s opinion.
The back-and-forth came amid signs of strife behind the curtain of the high court as it veers toward its final days of the current term juggling a number of cases involving President Donald Trump and culture war issues. The Alito-Sotomayor exchange came in a case dealing with a policy of turning asylum seekers away at the border, which the conservative majority approved in a 6-3 decision.
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