Up@dawn 2.0

Wednesday, December 6, 2017

Justice Clarence Thomas is quiet and I love it

Justice Clarence Thomas is one of the nine Supreme Court justices in the United States. His unique road to Washington D.C. begins in Jim Crow ruled Georgia where he lived with his grandparents. Reaching Yale’s Law School began his career in the justice system. Georgia to Yale and everything in between and after shaped his philosophy on how the American justice system should function.

The more I research Justice Thomas, I learn more about the Constitution itself. Justice Thomas is a strict constructionist, although perhaps the better term to use to describe him is an originalist. Meaning he interprets the word of the original U.S. Constitution as it is written instead of taking a loose view and reading the documents while trying to inflict a modern perspective. Although Supreme Court justices don’t take political sides, it’s fair to say based off the majority of Justice Thomas’ rulings he is fairly conservative. I don’t like to define myself as a Republican (personally I think political parties are stupid but that’s not the topic) but I would say I fall in line as a slight conservative and I often agree with Justice Thomas, I love his judicial philosophy.

One thing I totally agree on is this video, legitimately every second of it. I spent one lonely Friday night watching this whole video, I find his insight into the United States unique and thoughtful. There is no doubt it is controversial, however.


What intrigues me the most about Justice Thomas is how he’s known for his quiet, stoic demeanor. He is the quietest justice on the Court right now during oral arguments. His silence in unprecedented in length, no other before him has gone a term without asking a question. He went ten years without saying a word during oral arguments, not a single question. Recently after the passing of Justice Antonin Scalia Justice Thomas has spoken a few times since February of 2016.

Why is Justice Thomas so quiet on the court? Justice Thomas has been quoted saying he believes other justices try to push their opinions in to cases. He wants to refrain from inflicting his personal belief over the established law, so he lets the lawyers state their cases without a peep from him during oral arguments. He’s stated he wants to respect the arguments being put before him, rather than be “rude” and interrupt like other vocal justices have done.

Justice Thomas has been quoted saying, “I don't think that for judging, and for what we are doing, all those questions are necessary” and “if you wait long enough someone will ask your question”.

I find the philosophy behind his silence intriguing, insightful, disciplined, and nigh on brilliant. Today, many (including myself all the time) are looking to throw our opinions out there. Why don’t we seek to hear the full case, then question around a quieter panel like Justice Thomas does? In a social media, echo chamber age, perhaps taking a step back and saying nothing while just listening is the best philosophy to gain knowledge.  

Here are the links I pulled my information from and read over the past months while I've learned more about Justice Thomas, the Supreme Court, and the U.S. judicial system.

2 comments:

  1. "no other before him has gone a term without asking a question" - I think you can guess what philosophers think of people who don't ask questions and don't engage in public debate. If all justices were quiet we wouldn't need a court, we'd never change the law, we'd still have segregation and lawful discrimination, people like Justice Thomas would not have an opportunity to sit on the highest court in the land.

    Good luck finding the original intent of 18th century mortals with regard to how the law should regard the Internet and other technologies undreamt of, in their day.

    Too bad Justice Thomas wasn't a little more silent in the presence of Anita Hill.

    ReplyDelete
    Replies
    1. I hope the intent of my post was not lost, "In a social media, echo chamber age, perhaps taking a step back and saying nothing while just listening is the best philosophy to gain knowledge."

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