And that takes us to Justice Thomas.
Since joining the Court thirty years ago this month — after a confirmation process so controversial it nearly made the paint peel off the Capitol Dome — Thomas’s time at the Supreme Court has been marked by his silence.
“Justice Thomas has previously said that he does not like to interrupt advocates during oral argument,” said Carrie Severino, one of his former law clerks.
At one point Thomas went for more than 10 years — yes, over a decade — without asking a single question from the bench.
But when the Justices began telephone arguments by seniority under the COVID procedures in 2020, Thomas was suddenly energetic and involved, a veritable legal chatterbox.
That will likely continue as the justices begin their new term on the first Monday in October, keeping the seniority system for questions as they return to their courtroom.
One other change will also continue, at least for the next few months: the Supreme Court will allow live audio streaming of oral arguments, which was started during the virus outbreak.
“The public has a right to know what the most powerful court in our country is doing,” over 70 news and press organizations wrote in a September letter to the Chief Justice.
The Court has long resisted calls to make its proceedings more available; offering these live feeds is an important change for the press and public.
And if Clarence Thomas is going to speak during each and every case, then the American people should be able to tune in and listen.
It’s a win-win for everyone.
Jamie Dupree has covered national politics and the Congress from Washington, D.C. since the Reagan administration. His column appears weekly in The Atlanta Journal-Constitution. For more, check out his Capitol Hill newsletter at http://jamiedupree.substack.com