Is Justice Thomas’s Silence a Disgrace?

Jeffrey Toobin: “As of this Saturday, February 22nd, eight years will have passed since Clarence Thomas last asked a question during a Supreme Court oral argument. His behavior on the bench has gone from curious to bizarre to downright embarrassing, for himself and for the institution he represents.”

Rick Hasen: “Justices should be judged primarily by their opinions. This is the place in which the Justices’ views are translated into legal binding pronouncements, or into well thought-out arguments that the Court has headed off in the wrong direction. Judging Justice Thomas primarily by his opinions, there is no good argument that Justice Thomas is a ‘disgrace.’ Quite the opposite.”