Clarence Thomas breaks years of silence on bench
By Bill Mears, CNN Supreme Court Producer
January 15, 2013 -- Updated 1034 GMT (1834 HKT)
The justices of the U.S. Supreme Court sit for their official photograph on October 8, 2010, at the Supreme Court. Front row, from left: Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony M. Kennedy and Ruth Bader Ginsburg. Back row, from left: Sonia Sotomayor, Stephen Breyer, Samuel Alito Jr. and Elena Kagan.
In 2005, Chief Justice John G. Roberts was nominated by President George W. Bush to succeed Justice Sandra Day O'Connor as an associate justice. After Chief Justice William Rehnquist died, however, Bush named Roberts to the chief justice post. The court has moved to the right during his tenure, although Roberts supplied the key vote to uphold President Barack Obama's Affordable Care Act.
Justice Antonin Scalia, 76, was appointed by President Ronald Reagan in 1986 to fill the seat vacated by Justice William Rehnquist when he was elevated to chief justice. A constitutional originalist -- and a colorful orator -- Scalia is a member of the court's conservative wing. He is currently the court's longest-serving justice.
Justice Anthony M. Kennedy, 76, was appointed to the court by President Ronald Reagan in 1988. He is a conservative justice but has provided crucial swing votes in many cases, writing the majority opinion, for example, in Lawrence v. Texas, which struck down that state's sodomy law.
Justice Clarence Thomas, 64, is the second African-American to serve on the court, succeeding Justice Thurgood Marshall when he was appointed by President George H. W. Bush in 1991. He is a conservative, a strict constructionist who supports states' rights.
Justice Ruth Bader Ginsburg, 79, is the second woman to serve on the Supreme Court. Appointed by President Bill Clinton in 1993, she is a strong voice in the court's liberal minority.
Justice Stephen G. Breyer, 74, was appointed to the court in 1994 by President Bill Clinton. He is considered a member of the court's liberal minority.
Justice Samuel A. Alito Jr., 62, was appointed by President George W. Bush in 2006 and is known as one of the most conservative justices to serve on the court in modern times.
Justice Sonia Sotomayor, 58, is the court's first Hispanic and third female justice. She was appointed by President Barack Obama in 2009 and is regarded as a resolutely liberal member of the court.
Justice Elena Kagan, 52, is the fourth female justice and a member of the court's liberal wing. She was appointed in 2010 by President Barack Obama and is the court's youngest member.
Today's Supreme Court
John G. Roberts
Antonin Scalia
Anthony M. Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer
Samuel A. Alito Jr.
Sonia Sotomayor
Elena Kagan
STORY HIGHLIGHTS
- Clarence Thomas known for remaining quiet during oral arguments
- On Monday, he joked about lawyers educated at Yale, his alma mater
- Current Supreme Court known as 'hot bench' for the rhetorical scrum during arguments
Washington (CNN) -- It was just a few words and a joke at that. But Supreme Court Justice Clarence Thomas broke his seven-year long silence on Monday when he spoke at oral arguments.
He made fun of lawyers from Yale, his law school alma mater.
Thomas has become known for rarely commenting on cases from the bench, another reflection of the complex and often misunderstood personality of the court's only African-American jurist.
On Monday, the justices were hearing an argument about the state of Louisiana's delay in paying for counsel for a death penalty defendant. Should that count against the state for the purposes of the right to a speedy trial?
A lawyer for the state was making the case for the inmate's appointed counsel, saying the woman was "more than qualified" and "very impressive."
"She was graduate of Yale Law School, wasn't she?" said Justice Antonin Scalia in apparent support, noting another member of the legal team went to Harvard.
The next words were hard to hear in the back-and-forth between the justices. But Thomas made a joke about the competence of Yale lawyers when compared to their Harvard colleagues, according to two witnesses.
2011: Thomas under fire again

National Federation of Independent Business v. Sebelius (2012): The Supreme Court upheld most of the Affordable Care Act, the Obama administration's health care reform law, on June 28, 2012. The decision determined how hundreds of millions of Americans will receive health care. Take a look at other important cases decided by the highest court in the land.
Citizens United v. Federal Election Commission (2010): Activists rally in February 2012 to urge the Supreme Court to overturn its decision that fundamentally changed campaign finance law by allowing corporations and unions to contribute unlimited funds to political action committees not affiliated with a candidate.
Texas v. Johnson (1989): The Supreme Court overturned the decision that convicted Gregory Lee Johnson of desecrating a venerated object after he set an American flag on fire during a protest. The court ruled that Johnson (at right with his lawyer, William Kunstler) was protected under the First Amendment right to freedom of speech.
United States v. Nixon (1974): When President Richard Nixon claimed executive privilege over taped conversations regarding the Watergate scandal, the Supreme Court ruled that he had to turn over the tapes and other documents. The ruling set a precedent limiting the power of the president of the United States.
Roe v. Wade (1973): Norma McCorvey, identified as "Jane Roe," sued Dallas County District Attorney Henry Wade over a law that made it a felony to have an abortion unless the life of the mother was in danger. The court agreed with Roe and overruled any laws that made abortion illegal in the first trimester. Here, McCorvey, left, stands with her attorney Gloria Allred in 1989.
Miranda v. Arizona (1966): Ernesto Miranda confessed to a crime without the police informing him of his right to an attorney or right against self-incrimination. His attorney argued in court that the confession should have been inadmissible, and in 1966, the Supreme Court agreed. The term "Miranda rights" has been used since.
Gideon v. Wainwright (1963): The Supreme Court overturned the burglary conviction of Clarence Earl Gideon after he wrote to the court from his prison cell, explaining he was denied the right to an attorney at his 1961 trial.
Mapp v. Ohio (1961): The Supreme Court overturned the conviction of Dollree Mapp because the evidence collected against her was obtained during an illegal search. The ruling re-evaluated the Fourth Amendment, which protects citizens against unreasonable searches and seizures.
Brown v. Board of Education (1954): Nathaniel Steward recites his lesson surrounded by white classmates at the Saint-Dominique School in Washington. In Brown v. Board of Education, the Supreme Court ruled that it was unconstitutional to separate students based on race.
Korematsu v. United States (1944): Fred Korematsu, a Japanese-American man, was arrested after authorities found out that he claimed to be a Mexican-American to avoid an internment camp during World War II. The court ruled that the rights of an individual were not as important as the need to protect the country during wartime. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.
Plessy v. Ferguson (1896): Homer Plessy was arrested when he refused to leave a whites-only segregated train car, claiming he was 7/8 white and only 1/8 black. The Supreme Court ruled that "separate but equal" facilities for blacks were constitutional, which remained the rule until Brown v. Board of Education in 1954.
Dred Scott v. Sandford (1857): When Dred Scott asked a circuit court to reward him his freedom after moving to a free state, the Supreme Court ruled that Congress didn't have the right to prohibit slavery and, further, that those of African-American descent were not protected by the Constitution.
Gibbons v. Ogden (1824): This was the first case to establish Congress' power to regulate interstate commerce. The ruling signaled a shift in power from the states to the federal government. Aaron Ogden, seen here, was given exclusive permission from the state of New York to navigate the waters between New York and certain New Jersey ports. When Ogden brought a lawsuit against Thomas Gibbons for operating steamships in his waters, the Supreme Court sided with Gibbons.
McCulloch v. Maryland (1819): In response to the federal government's controversial decision to institute a national bank in the state, Maryland tried to tax the bank out of business. When a federal bank cashier, James W. McCulloch, refused to pay the taxes, the state of Maryland filed charges against him. In McCulloch v. Maryland, the Supreme Court ruled that chartering a bank was an implied power of the Constitution. The first national bank, pictured, was created by Congress in 1791 in Philadelphia.
Marbury v. Madison (1803): When Secretary of State James Madison, seen here, tried to stop Federal loyalists from being appointed to judicial positions, he was sued by William Marbury. Marbury was one of former President John Adams' appointees, and the court decided that although he had a right to the position, the court couldn't enforce his appointment. The case defined the boundaries of the executive and judicial branches of government.
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Six members of the current high court attended Harvard Law School. Thomas, Samuel Alito and Sonia Sotomayor attended Yale.
Sotomayor describes life journey in new memoir
The official transcript released by the court does not capture the flavor of the colorful exchange. But the lawyer arguing before the court was apparently not pleased.
"I would refute that, Justice Thomas," said Carla Sigler, the assistant district attorney in Lake Charles, Louisiana.
The rest of the time, Thomas kept his own counsel as he is known to do.
"One thing I've demonstrated often in 16 years is you can do this job without asking a single question," he recalled in a speech five years ago.
Written opinions remain the main way the court expresses itself. But the current court is known as a "hot bench" for the busy back-and-forth rhetorical scrum during arguments.
Eight of the justices compete for time to make their questions and views known.
Thomas does occasionally speak from the bench when announcing opinions he has written, but before arguments commence.
Off the bench in friendly audiences, he can be gregarious, inquisitive and often self-reflective. He has a booming voice, and his hearty laugh is easily recognizable.
Some scholars have said Thomas' aversion to talking has reached epic heights.
A study of transcripts by Timothy Johnson of the University of Minnesota found in the past four decades, no justice besides Thomas had failed to speak at least once during an entire 12-month term.
The last time he spoke was February 22, 2006, during a capital appeal.
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