-Submitted by David Drumm (Nal), Guest Blogger
Supreme Court Justice Clarence Thomas is known for not asking questions during oral arguments. Thomas has not asked a question from the bench in 6 years and no other Supreme Court justice has made it through a single year without asking a question.
in an AP interview, he defended his silence. Thomas said the habit of frequent interruptions is unproductive and “I think that when somebody’s talking, somebody ought to listen.”
Thomas claims that most of the information is already in the briefs and amicus curiae, “and there are a few questions around the edges.”
They don’t call it an oral monologue. It’s called an oral argument. This is the opportunity for the Justices to test the validity and soundness of the attorney’s arguments. It would be a waste of time for attorneys to get up before the Court and simply recite their briefs.
Thomas concludes by saying “I don’t like to badger people.” Is that how he sees it? Either you remain utterly silent or you badger people? In logic, this is know as the False Dichotomy fallacy. This type of logical fallacy occurs when only two alternatives are considered, when in fact there is at least one additional option.