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UPDATE On Justice Clarence Thomas

Yesterday we had quite a scare when Supreme Court Justice Clarence Thomas was suddenly missing from oral arguments, without warning and without explanation.

I am happy to report he is back today and looking good!

From Kyle Becker:

Clarence Thomas is BACK at SCOTUS and He is Already Dropping the Hammer on Major J6 Case

The critical J6 case of Fischer vs. United States is underway at the Supreme Court.

One Justice who is back after a ‘mysterious’ absence on Monday, Clarence Thomas, asked the first question.

“The question is whether the second part–very vague–is tied or independent of the first part: ‘alters, destroys, mutilates, or conceals a record, document, or other object, with the intent to impair the object’s integrity or availability for use in an official proceeding’,”
@julie_kelly2
notes.

The felony “obstruction of an official proceeding” charge has been applied to hundreds of J6 cases, despite the lack of precedent.

The 1512(c)(2) obstruction of an official proceeding statute typically applies to cases where a corporation destroys documents related to an ongoing court case.

If the Supreme Court removes the obstruction of an official proceeding charge from January 6 cases, D.C. circuit judges have promised to issue more severe sentencing guidelines to make up for the removed charge.

While he’s back in his rightful place on the bench, we still don’t know much about the reason for his absence, other than it is obviously not immediately life-threatening.

From the AP:

Thomas, 75, was in his usual seat, to the right of Chief Justice John Roberts as the court met to hear arguments in a case about the Capitol riot on Jan. 6, 2021.

Thomas has ignored calls from some progressive groups to step aside from cases involving Jan. 6 because his wife, Ginni, attended then-President Donald Trump’s rally near the White House before protesters descended on the Capitol. Ginni Thomas, a conservative activist, also texted senior Trump administration officials in the weeks after the election offering support and reiterating her belief that there was widespread fraud in the election.

On Monday, Roberts announced Thomas’ absence, without providing an explanation. Justices sometimes miss court, but participate remotely. Thomas did not take part in Monday’s arguments.

He was hospitalized two years ago with an infection, causing him to miss several court sessions. He took part in the cases then, too.

Here was our original report yesterday in case you missed it:

Where Is Justice Clarence Thomas?

Supreme Court Justice Clarence Thomas did not show up to hear any of the court’s scheduled cases today.

There was no explanation given as to why 75-year-old Justice Thomas was missing — something that is very strange for the Supreme Court.

Axios reports:

Supreme Court Justice Clarence Thomas was not present for the court’s scheduled cases on Monday, and the court did not offer a reason for his absence.

Why it matters: While it’s not unusual for justices to occasionally miss a day’s proceedings, the court often provides an explanation for why a justice is absent.

  • The Supreme Court did not immediately respond Monday to Axios’ request for comment regarding Thomas’ absence.

Driving the news: Chief Justice John Roberts announced Thomas’ absence Monday and said his colleague would participate in the day’s cases through transcripts and briefs, AP reported.

  • Thomas did not participate in the proceedings virtually either, as justices occasionally do when they are ill or for other reasons cannot make it to the court, per AP.

Reuters added:

U.S. Supreme Court Justice Clarence Thomas was not on the bench on Monday as the other eight justices heard arguments, with no reason given for his absence.

Thomas, 75, is the oldest and longest-serving member of the court and is part of its 6-3 conservative majority. He was appointed to the top U.S. judicial body in 1991 by Republican President George H.W. Bush.

Chief Justice John Roberts noted the absence of Thomas at the beginning of the arguments in the first of two cases before the court on Monday, but did not offer an explanation. Roberts said Thomas would “participate fully” in the cases by using the written legal briefs and the transcripts of the arguments.

A court spokeswoman did not provide additional information.

The court often gives a reason for a justice’s absence, including illness.

This has led to a lot of speculation on social media about why Thomas was missing today and where he could possibly be.

Some users wonder if he could be sick, or dead.

Take a look at these responses:

Rumors are spreading that Justice Thomas may have suffered from a transient ischemic attack — or “mini stroke” — over the weekend.

Why do you think Clarence Thomas was missing from the Supreme Court hearings today?

Whatever the reason is, please keep him and his family in your thoughts and prayers.


 

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