Bankruptcy

Justice Thomas Silent Through More Than Two Years of Supreme Court Arguments

By J. Michael McBride

Often thought of as the 'silent justice', two years and 142 cases have passed since the last time Justice Thomas spoke during oral arguments (besides the comments to Justices Breyer and Kennedy who sit to his immediate right and left, respectively). The last time Justice Thomas posed a question during oral arguments was on February 22, 2006 in a death penalty case. During arguments he can be found leaning back in his chair taking it all in, but never joins in to the barrage of questions (and sometimes debates) with the other justices. He's admitted to asking a pertinent question if the other justices don't ask, but doesn't see any reason to "engage in the back-and-forth just to hear his own voice".

He is quoted as saying:

"I still believe that, if somebody else is talking, somebody should be listening. If I think a question will help me decide a case, then I'll ask that question. Otherwise, it's not worth asking because it detracts from my job. One thing I've demonstrated often in 16 years is you can do this job without asking a single question. I would like to, though, be referred to as the 'listening justice'."

He compares the oral arguments and the peppering of questions by his colleagues to that of surgeons discussing the merits of removing a gall bladder during an operation. "You really didn't go in there to have a debate about gall bladder surgery". Similarly, "we are there to decide cases, not to engage in seminar discussions."

You can read the entire article at: http://www.law.com/jsp/article.jsp?id=1203939949026

Chandra

Full post as published by Texas Lawyer Blog on February 27, 2008 (boomark / email).