WASHINGTON – The Supreme Court’s use of telephonic hearings due to the coronavirus has served to notify all that Justice Thomas remains active in deliberations, even in a very idiosyncratic way. Last week, Justice Thomas said more during oral arguments than has in many years combined. He asked questions of every attorney in the four cases the court heard.

Cornell law professor Michael Dorf stated that “He’s asking some interesting questions and sounds just like any other justice during these telephonic arguments.” Normally, Justice Thomas views excessive questioning in a free-for-all fashion to interfere with the cases that the lawyers are making. He is inclined to read and listen rather than engage in dialogue. Due to justices asking questions by seniority over the phone, he has become more apt to participate.

Before the telephonic arguments, Justice Thomas spoke in 32 of approximately 2,400 cases the court has heard since he succeeded Justice Thurgood Marshall. Those questions took a combined 26 minutes over the 29-year span. This past week, his questions have amounted to 7 ½ minutes.

Usually, Justice Thomas lets other justices ask questions that he already has. However, as he is the most senior justice, he has had to take matters into his own hands.

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