Legal News

Supreme Court Justice Clarence Thomas celebrated an unusual anniversary today: It's been five years since he's asked a question during oral arguments... His silence during questioning has sparked debate among court watchers over whether a justice should participate in oral arguments.  Some say that the hearings are largely ceremonial, but others see the opportunity to engage in a public dialogue with lawyers on both sides of a case as a crucial tool for justices to try to persuade one another on a matter of law..."No single justice has gone even one full term without asking a question in the last 40 years," said Timothy R. Johnson, professor of political science at the University of Minnesota. Johnson, who has studied the issue for an upcoming book, said that on average Justice Antonin Scalia is the most verbose of the justices, speaking about 27 times per argument session. Compare that to Justice Thomas, who speaks on average almost zero.