No one was inside the hallowed U.S. Supreme Court courtroom to see it happen because the oral arguments weren’t taking place there.
But many observers likely would have wanted to see with their own eyes the famously reticent Justice Clarence Thomas asking not just one question during the high court's first-ever virtual session. He asked several over the course of three days of arguments this past week.
There was no mistaking his deep baritone voice when he posed his first question on Monday to assistant U.S. Solicitor General Erica Ross in a trademark protection case involving the Internet site Booking.com.
“Ms. Ross, a couple of questions,” Thomas said. “Could booking acquire an 800 number that’s a vanity number? 1-800-booking, for example, that is similar to 1-800-plumbing, which is a registered mark?”
It marked Thomas’ first question from the bench – or in this case, likely from his home – in a full year. During one spell on the court, beginning in 1996, the justice from Pin Point, Ga., went 10 years without asking lawyers a single question.
The 71-year-old jurist has explained his reluctance to ask questions, saying he thinks his fellow justices too often interrupt lawyers who are trying to argue their cases and don’t allow their presentations to receive the court’s full attention.
Thomas' relative garrulousness turned heads this week, just as did his strong words in February when he gave the keynote speech to dedicate the new Nathan Deal Justice Center here. He called on judges not to substitute their own racial, religious or partisan preferences to achieve a desired result.
“Our decisions should not be driven by a desire to be revered or lionized for reaching certain outcomes,” Thomas said. “We are not mass media icons. We are judges, nothing more and nothing less.”
Eric Segall, a Georgia State University law school professor who closely follows the high court, said its new format could explain why Thomas was asking so many questions. During the court's arguments by telephone, each justice in order of seniority is allotted two minutes for questions.
“So in this format they can’t ask questions over each other,” Segall said. “I think if the court were to stick with this format, Justice Thomas would ask more questions.”
Thomas’ questions were questions typically asked by justices during oral arguments, the law professor said. “They were thoughtful, interesting and he asked good follow-ups. I don’t understand why he won’t do that when the court is in session in its own courtroom.”
But it doesn’t matter what questions the steadfastly conservative justice asks, Segall added. “He’s still going to vote for Republican Party interests in cases where those are at issue, just as surely as Sean Hannity would do the same if he were on the court.”
Lisa Blatt, who argued from her dining room on behalf of Booking.com, said she thought both Thomas and Justice Elena Kagan sparkled in the new format.
“They are concise, crisp and jump straight to the core in each case and their questions are the most accessible to the public,” she said. “And on a personal note, I have argued 40 cases and last Monday was the first time I’ve received a question from Justice Thomas. It was career highlight for me.”
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