Justice Thomas Speaks from the Bench for the First Time in Nearly 7 Years

Silent Justice

Justice Clarence Thomas spoke from the bench for the first time in nearly 7 years, though what he said is not quite clear. During oral arguments over the adequacy of lawyers provided by the state of Louisiana to a defendant later-convicted of second degree murder, Justice Thomas whispered something to Justice Antonin Scalia who pointed out that one member of the legal team graduated from Harvard while another from Yale.

The unofficial transcript is a bit vague on what Justice Thomas said next, recording only a few words, “Well, he did not…” with several other justices laughing in response.

Louisiana lawyer Carla Sigler replied: ‘‘I would refute that, Justice Thomas.’’

Known as the silent jurist, Justice Thomas has not asked a question during oral argument since February 22, 2006. Justice Thomas has given many reasons for his silence, including that he is self-consciousness about how he speaks, that he has a preference for listening to those arguing the case, and that it truly is difficult to get a word in edgewise in court.

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