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Topic: Six Years of Silence for Clarence Thomas
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Thu 03/29/12 04:27 PM
Does anyone else find it odd that he's the only one who never asks questions?

http://abcnews.go.com/blogs/politics/2012/03/545532/

As the Supreme Court Justices today fired questions on the ‘Obamacare‘ mandate across the bench, one voice was notably – but perhaps predictably – silent. So far every Justice on the bench has spoken up on the health care law except for one: Justice Clarence Thomas.

Indeed, if you search today’s 126-page transcript of arguments, you won’t find Thomas’ name a single time.

It has now been six years since the Justice has asked questions during oral arguments, although he certainly has read his opinions from the bench in his robust baritone.

Thomas has said that he goes into the oral argument sessions knowing how he will decide a case so he doesn’t ask questions.

“I refuse to participate. I don’t like it, so I don’t do it,” he said in 2009, according to The Associated Press.

The silence may have been welcomed by Solicitor General Donald B. Verrilli Jr., who could barely speak a few sentences before a Justice interjected with a question from the “hot bench.”

Of the few times in recent memory that Justice Thomas has felt compelled to join the fray, it was during a hearing in 2002 that stunned the audience most. Speaking passionately on the issue of banning the burning of the cross he said, “Now, it’s my understanding that we had almost 100 years of lynching and activity in the South by the Knights of Camellia and — and the Ku Klux Klan, and this was a reign of terror and the cross was a symbol of that reign of terror. Was — isn’t that significantly greater than intimidation or a threat?” Thomas asked Justice Department lawyer Michael Dreeben.

“Well, I think they’re co-extensive, Justice Thomas, because it is –” Dreeben replied before he was cut off.

“Well, my fear is, Mr. Dreeben, that you’re actually understating the symbolism on — of and the effect of the cross, the burning cross. I — I indicated, I think, in the Ohio case that the cross was not a religious symbol and that it has — it was intended to have a virulent effect. And I — I think that what you’re attempting to do is to fit this into our jurisprudence rather than stating more clearly what the cross was intended to accomplish and, indeed, that it is.”

The audio of Thomas’ questioning can be heard here.

TJN's photo
Thu 03/29/12 05:36 PM
Is there a law saying he has to ask questions?
He listens to the arguements presented in front of him and makes his decisions.

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Thu 03/29/12 05:38 PM
No law, of course. I just find it strange, since he's the only one who never does. And actually, the article says that Thomas has said in the past that he goes into the oral arguments already knowing how he will decide the case. Not sure how accurate that is or not, but if it is, it doesn't fit with what you said.

TJN's photo
Thu 03/29/12 05:47 PM
The justices have already read the cases before they decide to even take them.
So I'm sure most of them have an idea of how they will decide the case before listening to arguements bei g made for both sides.

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Thu 03/29/12 06:22 PM
And yet, each of them except for Thomas asked questions anyway.

Seakolony's photo
Thu 03/29/12 06:37 PM
Out of the 116 Supreme Court Justices of the United States some have been notoriously quiet and some have not? Just wondering why it is odd that Clarence Thomas seems quiet, and why is it an oddity?? Isn't it more important to listen sometimes, than to be vocal. I guess I am just not getting the important of quiet vs. vocality here??

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Thu 03/29/12 06:40 PM
I'm not saying they ask questions all the time. But 6 years of silence?

InvictusV's photo
Thu 03/29/12 07:30 PM
Edited by InvictusV on Thu 03/29/12 07:31 PM

I'm not saying they ask questions all the time. But 6 years of silence?


I saw him speak at Washington and Lee in 2009..

He spoke for about 30 minutes and answered questions for about 40..

He is not a showman. He reads the written arguments and bases his decisions on his interpretation of constitutionality.

I could see an issue if he didn't show up for oral arguments..

If you have followed this obamacare case you would know that the lawyers can't get 10 words in without being interrupted by a justice..

The pertinent questions have been asked and answered..

no photo
Thu 03/29/12 07:34 PM
I'm not saying he doesn't ever speak. I'm aware that he does, but that's not what I was referring to. And yes, I am aware that the lawyers are getting questioned to death. I just think it's odd that he never asks questions during the oral arguments.

InvictusV's photo
Thu 03/29/12 08:09 PM

I'm not saying he doesn't ever speak. I'm aware that he does, but that's not what I was referring to. And yes, I am aware that the lawyers are getting questioned to death. I just think it's odd that he never asks questions during the oral arguments.


It might seem odd, but it certainly has no consequence is his ability to decide constitutionality..


Lpdon's photo
Thu 03/29/12 09:03 PM
Thomas is well known for his reticence during oral argument. As of March 20, 2012, he had not asked a question from the bench in 6 years. He has given many reasons for his silence, including self-consciousness about how he speaks, a preference for listening to those arguing the case, and difficulty getting in a word. In 2000, he told a group of high school students that "if you wait long enough, someone will ask your question." In November 2007, he told an audience at Hillsdale College: "My colleagues should shut up!" He later explained, "I don't think that for judging, and for what we are doing, all those questions are necessary." Thomas's speaking and listening habits may have also been influenced by his Gullah upbringing, during which time his English was relatively unpolished.

Thomas is not the first quiet justice. In the 1970s and 1980s, William J. Brennan, Thurgood Marshall, and Harry Blackmun were likewise generally quiet. However, Thomas's silence stood out in the 1990s as the other eight justices engaged in active questioning.[

http://en.wikipedia.org/wiki/Clarence_Thomas#Approach_to_oral_arguments

Bravalady's photo
Thu 03/29/12 10:41 PM
This is just his personality. He is a follower. I personally think he's mentally lazy. Of course that may not be true, and I haven't steeped myself in his decisions, but I do pay some attention to the Supreme Court and I've never seen any evidence that he really thinks for himself.

Lpdon's photo
Fri 03/30/12 12:14 AM
I am curious since all the people on here who call people who speak out about Obama or disagree with Obama and or his politics are called racists, why the same people arn't on here calling the people who disagree or are attacking Justice Thomas racist. Oh wait, it's because he is a Republican appointed by a Republican. whoa

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Fri 03/30/12 04:08 AM

I am curious since all the people on here who call people who speak out about Obama or disagree with Obama and or his politics are called racists, why the same people arn't on here calling the people who disagree or are attacking Justice Thomas racist. Oh wait, it's because he is a Republican appointed by a Republican. whoa


What does this have to do with race? Where has race even been mentioned in this thread until now?

Lpdon's photo
Fri 03/30/12 11:09 AM


I am curious since all the people on here who call people who speak out about Obama or disagree with Obama and or his politics are called racists, why the same people arn't on here calling the people who disagree or are attacking Justice Thomas racist. Oh wait, it's because he is a Republican appointed by a Republican. whoa


What does this have to do with race? Where has race even been mentioned in this thread until now?


That is my point. If it were a thread on Obama several members here would have thrown out the race card already but because it's a Republican getting criticized it must be ok.

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Fri 03/30/12 11:13 AM



I am curious since all the people on here who call people who speak out about Obama or disagree with Obama and or his politics are called racists, why the same people arn't on here calling the people who disagree or are attacking Justice Thomas racist. Oh wait, it's because he is a Republican appointed by a Republican. whoa


What does this have to do with race? Where has race even been mentioned in this thread until now?


That is my point. If it were a thread on Obama several members here would have thrown out the race card already but because it's a Republican getting criticized it must be ok.


Again, this has nothing to do with race. It also has nothing to do with Obama. If you'd like to discuss race or Obama, feel free to create another thread.

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Fri 03/30/12 11:24 AM

This is just his personality. He is a follower. I personally think he's mentally lazy. Of course that may not be true, and I haven't steeped myself in his decisions, but I do pay some attention to the Supreme Court and I've never seen any evidence that he really thinks for himself.


If you've never looked, how could you expect to find evidence?

Clarence Thomas is the only Supreme Court Justice who is a strict constitutionalist. Since he assumed the bench, the court has swung more and more in his direction. He is very convincing in his arguments, if he can swing the entire Supreme Court to his way of thinking.

InvictusV's photo
Fri 03/30/12 11:27 AM

This is just his personality. He is a follower. I personally think he's mentally lazy. Of course that may not be true, and I haven't steeped myself in his decisions, but I do pay some attention to the Supreme Court and I've never seen any evidence that he really thinks for himself.


You know if he were a liberal and you said that you would be a racist..


no photo
Fri 03/30/12 11:28 AM




I am curious since all the people on here who call people who speak out about Obama or disagree with Obama and or his politics are called racists, why the same people arn't on here calling the people who disagree or are attacking Justice Thomas racist. Oh wait, it's because he is a Republican appointed by a Republican. whoa


What does this have to do with race? Where has race even been mentioned in this thread until now?


That is my point. If it were a thread on Obama several members here would have thrown out the race card already but because it's a Republican getting criticized it must be ok.


Again, this has nothing to do with race. It also has nothing to do with Obama. If you'd like to discuss race or Obama, feel free to create another thread.


You have to be pretending here. I rarely agree with LPDon, but his point is clear. There is an obvious bias when it comes to race and the political spectrum. Black conservatives can be mocked and insulted with impunity, but simply disagreeing with Obama is grounds to be called a racist.

no photo
Fri 03/30/12 11:28 AM


This is just his personality. He is a follower. I personally think he's mentally lazy. Of course that may not be true, and I haven't steeped myself in his decisions, but I do pay some attention to the Supreme Court and I've never seen any evidence that he really thinks for himself.


You know if he were a liberal and you said that you would be a racist..




I've already told lpdon that this thread has nothing to do with race. Please don't egg him on.

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