Justice Thomas: All ears for five years

February 22, 2011

Washington, D.C.: February 22nd, 2011 marked the fifth year in a row in which Justice Clarence Thomas has remained speechless during U.S. Supreme Court oral arguments. No other Supreme Court Justice in the past 40 years has gone without speaking during a court argument for even one full term, let alone five, according to University of Minnesota Professor of Political Science Timothy R. Johnson. Thomas does participate in the internal discussions between justices and occasionally reads written opinions, but he leaves the questioning of lawyers to others.

Thomas has a few explanations for his controversial style. For one, he claims to be self-conscious of his accent, which is a result of the dialect he grew up speaking while living in rural Georgia. Also, he explains that his silence is really for the lawyers' benefit. "If I invite you (the lawyer) to argue your case, I should at least listen to you," he explained once to a bar association. Another reason may be the difficulty of getting a word in edgewise amidst the 100+ questions per hour which justices, on average, ask lawyers. Professor Johnson described the court since 1986 as "a much more talkative bench." The biggest talker is Justice Antonin Scalia.

Some, however, think that Thomas should be more interactive in oral arguments. Journalist David A. Karp wrote, “If Justice Thomas holds a strong view of the law in a case, he should offer it...It is not enough that Justice Thomas merely attend oral argument if he does not participate in argument meaningfully.” Adam Liptak, of The New York Times, even described Justice Thomas as "looking a little irritated and a little bored" during most arguments. Regardless of what others think, however, the Justice's controversial silence is likely to continue.