The last time Supreme Court Justice Clarence Thomas asked a question during oral argument was four years ago today. His reticence is often shrugged off as a harmless personal preference that is either unimportant or oddly admirable, but it may be time to take his silence more seriously. A recent law review article asserts that Thomas' silence actually damages the Court and its decision-making process -- not to mention Thomas' own reputation, especially when it appears that wakefulness, as well as words, escape him.
Does Justice Thomas' Silence Thwart Advocacy?
The National Law Journal
February 22, 2010