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Monday, May 04, 2020

Justice Thomas speaks

When called on by the Chief in the order-of-seniority question, Justice Thomas asked questions.

Maybe this suggests something about cold-calling v. taking volunteers.

Posted by Howard Wasserman on May 4, 2020 at 10:10 AM in Howard Wasserman | Permalink


Justice Thomas has said, many times, in interviews and speeches that he chooses not to "ask questions" (if that's really what we want to call what many of the justices do during oral argument) because he doesn't like the justices' interruptions (either of the lawyers or of each other). To the extent the phone arguments facilitate actual and orderly questions-and-answers, it's not surprising that he'd participate.

Posted by: Rick Garnett | May 7, 2020 10:21:24 AM

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