Clarence Thomas Praises High Level of Supreme Court Advocacy
"If there is a .400 hitter, you will go with someone who will increase your odds," the justice said Monday.
June 03, 2019 at 05:11 PM
3 minute read
Supreme Court advocacy has vastly improved in recent years, Justice Clarence Thomas said Monday, and he doesn't blame clients for hiring top-tier lawyers to argue their cases.
“If there is a .400 hitter, you will go with someone who will increase your odds,” Thomas said at the court in a conversation with philanthropist David Rubenstein. The event was part of the annual meeting of the Supreme Court Historical Society, and Rubenstein is a trustee.
Thomas, who joined the court in 1991, recalled that early in his tenure, there were “local attorneys” who were not up to the task of arguing before the court. But now, he said, “I don't see too many lawyers being overmatched.” He also praised the proliferation of state solicitors general as a “great” improvement over earlier years, when unpolished state attorneys general fumbled their way through arguments.
Rubenstein also asked the perennial question about Thomas's practice of rarely asking questions at oral argument.
The justice said he prefers to give “more opportunity for the lawyers to talk” rather than engaging them in dialogue. “I don't learn by the back and forth,” Thomas said, noting that “I taught myself algebra one summer.”
By asking too many questions, Thomas added, “the risk is that you monopolize or freeze out the time” allotted to the lawyers.
Thomas brushed off recent rumors that he might retire soon. “I have no idea where this stuff comes from,” he said. While he didn't explicitly say he would not retire, he did deny the rumors at a Pepperdine University School of Law event in April.
Thomas said he still loves the court as a “human institution” that is collegial and friendly, “a wonderful place.” He added dryly, “I don't really have a lot of stress. I cause stress.”
Asked for his views on allowing camera coverage of the Supreme Court, Thomas shrugged that it is “almost inevitable,” but he is not a fan. “When a camera is produced, it changes the proceeding.”
Returning to his theme about how inaccuracies circulate in Washington, Thomas said he recently learned that the display that features him at the National Museum of African American History and Culture contains inaccuracies about his views on affirmative action. Thomas said he hasn't seen the display for himself.
Rubenstein was the right person for Thomas to tell that anecdote to. “As chairman of the Smithsonian,” Rubenstein said, “we'll fix that.” The museum, which opened in 2016, is part of the Smithsonian Institution. Rubenstein is chair of the institution's board of regents, and Chief Justice John Roberts Jr. is chancellor.
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