Tuesday, January 15, 2013
The Sounds of Silence
In case you missed it, Associate Justice Clarence Thomas spoke in an oral argument at the Supreme Court yesterday--his first utterance since 2006. I believe the reasons cited by Justice Thomas to explain his reticence are fairly persuasive; certainly, his silence during oral argument does not mean that he has been shirking his judicial duties.
It seems to me that the far more important part of this non-story has to do with a Supreme Court that consists of nine men and women, all of whom are alumni of the nation's two elite law schools--Harvard and Yale--and it was that very fact that impelled Justice Thomas to wag his tongue. Also, it seems to me significant that for the first time in American history we have a Supreme Court that consists entirely of professional judges--men and women who have no prior political experience. I'm inclined to think that that explains a lot.
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