I find it funny that this is always news: Justice Thomas thinks oral argument adds little to a case. He’s probably right, although I very much like the practice. And Thomas notes that the practice has some value, but it can be abused for various reasons.

Clarence Thomas

The only case I know of where Justice Thomas asked a question was Holmes v. South Carolina, a 2006 death penalty case. The case involved whether evidence of third-party guilt could be admitted in a capital case. In that case, Holmes won (unanimously) as the Court held that it was a violation of the 6th and 14th Amendments to bar the introduction of evidence. (It was also Justice Alito’s first opinion on the Court.)


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