Clarence Thomas Chides Colleagues For Asking Too Many Questions

LEXINGTON, Ky. -- Maybe it's Southern courtesy or his introverted nature that keeps him from interrupting attorneys during oral arguments, Supreme Court Justice Clarence Thomas said Thursday evening.

Whatever the reason, the Georgia native had a blunt assessment about the rapid-fire questioning from his colleagues during recent hearings on the nation's health care law. The queries weren't helpful to him in deciding the case, he said.

And Thomas suggested his loquacious colleagues should do more listening and less talking.

"I don't see where that advances anything," he said of the questions. "Maybe it's the Southerner in me. Maybe it's the introvert in me, I don't know. I think that when somebody's talking, somebody ought to listen."

His remarks drew applause from the audience that heard Thomas' insights on the court during a 90-minute appearance at the University of Kentucky.

Thomas has gained a reputation for staying silent during oral arguments before the high court.

He said the lawyers presenting their cases are capable and don't need guidance from the justices: "I don't need to hold your hand, help you cross the street to argue a case. I don't need to badger you."

Thomas was asked specifically about the plethora of questions during three days of oral arguments as the justices decide whether to kill or keep President Barack Obama's health care overhaul. But Thomas said it's become habit for justices to interrupt lawyers.

"We have a lifetime to go back in chambers and to argue with each other," he said. "They have 30, 40 minutes per side for cases that are important to them and to the country. They should argue. That's a part of the process.

"I don't like to badger people. These are not children. The court traditionally did not do that. I have been there 20 years. I see no need for all of that. Most of that is in the briefs, and there are a few questions around the edges."

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Comments

[Scurvydog74]

11:45 PM on 04/14/2012

The questioning, interrupting and arguing with counsel was grandstanding, pain and simple... Thomas may be a right-wing tea party activist judge but at least he's a gentleman while he's turning our country into an oligopoly.

[ZeraLee]

06:18 PM on 04/11/2012

I must admit that I half agree with him. What little I have heard of the questioning, the justices kept interrupting the answers with more questions instead of actually listening to the answers the lawyers tried to give. I don't mind them interrupting a run-on answer, but chopping them off at the knees isn't right.

On the other hand, the lawyers don't necessarily argue all the points of law the justices feel they need to examine. Quizzing them to make them argue points of law the justices want to hear about but they may want to avoid is what I would consider a constructive and useful tactic.

As for "too many questions", it reminds me of a line in the movie "Amadeus" where the Emperor criticized an Amadeus opera for having "too many notes".

[Robin Eublind]

12:42 PM on 04/11/2012

Having an incurious mind that is already made up prior to the arguments may also account for Justice Thomas' silence.

[Samiiam]

01:57 AM on 04/11/2012

He doesn't have to ask questions his wife has already told him how to vote. You know the wife who he forgot to declare $700,000 in income. Please, I would be in jail if I used the " I forgot" excuse. Cudos to GOP to find a racist black judge

[mira chancleta]

08:51 AM on 04/10/2012

3 words..."classic", "uncle", "Tom"

[MisteRational]

08:12 PM on 04/09/2012

Or you don't like to actually work or show your obvious bias regarding the issue. This guy is a joke and an embarrasment to the court.

[moonlightesq]

04:59 PM on 04/09/2012

I did not read that Thomas criticized other justices' styles, but he just personally did not find questioning during oral argument helpful, which traditionally it is not.

Oral argument before any appellate courts, including the SCOTUS, is traditionally a surplus anyway, unlike trial courts. Because most cases on appeal are decided without oral argument.
When a party does request for oral argument, the court usually gives a stern warning not to repeat anything already stated in the briefs, before a party may proceed with oral argument.

The misconception that justices need to ask questions during oral argument shows lack of knowledge of appellate proceeding. Arguments, counter arguments, and rebuttals with full citations of laws and precedents, should all be contained in legal briefs that each side filed with the court. Attorneys are already expected to adderss all anticipated questions in their briefs, if not (a question is left unanswered), it shows a lack of experience and already on the losing end if a justice has to question his/her argument in open court. If you failed to address a valid question, then you lose the argument. That is why there is no need for any of SCOTUS jusitces to ask any questions during oral argument. If oral argument is granted, traditionally the losing side is always questioned a lot more than the side that ultimately prevails.

[ManhattanMC]

02:51 PM on 04/09/2012

Yea-why can't they just wait for Scalia to tell them how to vote like Thomas does?

[msblynne]

12:45 PM on 04/09/2012

Charence Thomas chides colleagues for thinking, something that he feels is anathema to what he had hoped to shape into the Koch Court of the United States.

[mira chancleta]

09:01 AM on 04/09/2012

This guy is the face of Affirmative Action and PC politics gone waaaaaaayyyyy out of control, out of touch and out of this world...he OOOOOOOOOOZZZZES corrupt, mediocrity and totally out of touch with blacks and whites alike...he was made-to-order for this job....what a disastrous disappointment this embarrassment is to our "Supreme" court...just laughable.

[msblynne]

12:46 PM on 04/09/2012

Thomas is testament to the craven vapidity of GHW Bush, (see Quayle, Dan as well) and the apple "W" did not fall far enough from that diseased tree.

[Z1Matto]

07:53 AM on 04/09/2012

Clarence Thomas will be historically remembered as a punch line. Easily one of the worst and most useless America has ever put in the robes.

[grassyno]

10:12 PM on 04/08/2012

He's right. They should listen more. But now that microphones are recording them and being played on the news, they all want to be heard-- so expect more questions and comments, not less.

[GopGenius]

09:03 PM on 04/08/2012

Apparently Kagan recognized that the Solicitor General needed HIS hand held since she needed to make his case for him. Not sure how she felt qualified given that SHE was the solicitor general who blew the Citizens United case.

[vonbek]

11:16 PM on 04/08/2012

Lol, blew the Citizens united case, sorry anyone would of blown it, as conservatives have the majority and most are ruled that way.

[righteousindignation]

08:47 AM on 04/09/2012

Most of America caught it - with Kagan coaching the Solicitor General from the bench - to help him make his case -

and Sotomayor constantly interrupting Paul Clement - trying to keep him from making his case - by Sotomayor creating FALSE NARRATIVES and asking questions about issues that were not before the court.

No matter how often Clement was interrupted - and taken of point to answer her questions - he would always get back on point - and eventually stated to her - that is not what is before the court.

Thanks to the Democrat- Majority these two heathens - as Judicial Activists - are on the US Supreme court bench.

[MisteRational]

08:21 PM on 04/09/2012

Oh, I see, he two women on the court are "heathens" and "activists" yet Thomas the liar and perjurer whose wife is in the pocket of the Kochs and the other Neo-Con appointed Justices are just pictures of Judicial restairnt and objectivity? LMAO!
What does "heathen" have to do with anything? You render your opinion irrelevant with ignorant statements.You deserve everything you get with these fascists in the court. Have fun in your new Amerika, oh wait, the right is going down in flames. Don't choke on your tea..

[charmage]

08:24 PM on 04/08/2012

I've always been confused as to who he sees when he looks in the mirror????

[righteousindignation]

08:49 AM on 04/09/2012

probably his father who could not be bothered with him.

[mira chancleta]

08:53 AM on 04/10/2012

...a blue-eyed, blonde, anorexic super model arching her back and tossing her golden locks as she applies super shiny lipstick and separates each of her lashes with a chainsaw...

[Arthur Spooner]

06:50 PM on 04/08/2012

As a rule, when a person is talking someone should be listening. With that rule many pundits have mastered the art of of the spin by changing the topic and conversation.

[BroBlack]

10:52 AM on 04/09/2012

You're right, especially the liberal-prgressive ones!

[Arthur Spooner]

12:40 PM on 04/09/2012

Sorry Bro, Cons are just as good,if not better.