Justice Clarence Thomas's 5-year silence: By the numbers
The conservative Supreme Court justice is making history by staying speechless for so long. Here's how his silent streak breaks down
The Supreme Court's return from its midwinter break next week will mark a legal milestone: It will have been five years since Justice Clarence Thomas last spoke during a court argument, a record unequalled by any other justice in recent decades. His "epic silence on the bench is just one part of his enigmatic and contradictory persona," says Adam Liptak in The New York Times. Here, a brief guide, by the numbers, to Justice Thomas's silent years:
5
Number of years, as of next Tuesday, since Justice Thomas last spoke during a court argument. "While Thomas's silence on the bench may be regrettable, there's no question he's taking a very active part in the justices' internal debates," says Damon W. Root in Reason. "And that, after all, is where the court's decisions are ultimately made."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
40
Number of years since any other justice has gone an entire term, let alone five, without speaking, according to Timothy R. Johnson, a University of Minnesota political science professor
133
Average number of questions per hourlong argument that Supreme Court justices collectively asked from 1988 to 2008. That's more than two questions per minute. "Thomas isn't wrong to suggest that the last thing the bench needs is another chatterbox," says Dahlia Lithwick at Slate.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
100
Average number of questions per hourlong argument asked by Supreme Court justices from 1972 to 1987. "The post-Scalia court, from 1986 onward, has become a much more talkative bench," says Professor Johnson.
Nearly 1 out of 5
Number of questions from the bench that have come from Justice Antonin Scalia in the last 20 years. "Thomas's ultraconservative ideological court soul mate Antonin Scalia is the most verbose [justice]," says Earl Ofari Hutchinson at Thy Black Man.
12
Number of times Justice Thomas spoke in the 2005-2006 term, before beginning his silent streak. His last question was on a death penalty case on February 22, 2006. "His few questions were typically pithy and pointed," says Adam Liptak in The New York Times.
11
Number of times Justice Thomas spoke in the 2004-2005 term.
No less than 5
Number of explanations Thomas has offered for his silence. They include: 1) Being self-conscious about his accent; 2) Feeling that the bench already asks enough questions; 3) Thinking that another justice will inevitably ask any question he might pose; 4) Believing that he learns more by listening than by talking; and 5) Feeling that it's "counterproductive" to interrupt lawyers in the middle of their arguments.
Sources: New York Times (2)(3), Reason, Thy Black Man, Slate, Bloomberg, Death and Taxes, PR Newswire
Create an account with the same email registered to your subscription to unlock access.
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published
-
Xi-Biden meeting: what's in it for both leaders?
Today's Big Question Two superpowers seek to stabilise relations amid global turmoil but core issues of security, trade and Taiwan remain
By Harriet Marsden, The Week UK Published