Clarence Thomas Speaks For The First Time In 3 Years
It took a stunning racial discrimination case for the justice to ask a question from the bench.
JUSTICE THOMAS: Ms. Johnson, did you — would you be kind enough to tell me whether or not you exercised any peremptories?
MS. JOHNSON: I was not the trial lawyer.
JUSTICE THOMAS: Well, did your — were any peremptories exercised by the defendant?
MS. JOHNSON: They were.
JUSTICE THOMAS: And what was the race of the jurors struck there?
MS. JOHNSON: She only exercised peremptories against white jurors.
— an exchange between Justice Clarence Thomas and Sheri Lynn Johnson during oral arguments in Flowers v. Mississippi, a case about racial discrimination in jury selection. This is the first time that Justice Thomas has spoken during oral arguments in three years. Prior to his 2016 questions, Justice Thomas had been silent for a decade.
Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.
