Monday, February 14, 2011
It has been 5 years since Justice Thomas asked a lawyer a question during oral argument as outlined in this New York Times article. I do not view this as something positive. Oral argument is the time that Justices can challenge arguments made in briefs. It also provides an opportunity for lawyers to clarify any confusion and answer questions. Many cases, and perhaps all cases in the Supreme Court, are complex. To me, this simply is Justice Thomas' way of making his mark on the Court.
Mitchell H. Rubinstein