From his first argument on the Supreme Court last year, Justice Neil Gorsuch established himself as an active questioner, flouting the traditional break-in period to the reported consternation of some colleagues.

By the count of at least one prominent appellate lawyer, Walter Dellinger of O'Melveny & Myers, Gorsuch peppered attorneys with 45 questions that day in April 2017. So it was with some surprise how Gorsuch participated in Monday's argument in the latest challenge to fair-share union fees: He did not ask a single question.

Reflecting on the loquacious justice's silence—at least in the case Janus v. American Federation of State, County, and Municipal Employees—Gibson, Dunn & Crutcher partner Ted Olson could only offer speculation Tuesday on a panel discussion in Washington hosted by the National Association of Attorneys General.

Ted Olson of Gibson Dunn.

“The transcript of the argument is very interesting and illuminating to read, and I read it over yesterday afternoon and this morning again. You see that split of the four members—[Stephen] Breyer, [Ruth Bader] Ginsburg, [Elena] Kagan, [Sonia] Sotomayor—on the one side and the other four on the other side. And who didn't say a thing? Justice Gorsuch didn't utter a sound,” said Olson, who served as U.S. solicitor general under the George W. Bush administration.