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1) Thomas just doesn't ask questions during oral arguments. In general oral arguments only occur about 6 times per week for about 6 hours total in the entire week. Usually two hours per day on Mon, Tues, and Wed. Why not consider how he spends the rest of his 34+ hours as Supreme Court justice? Why focus on these ~6 hours as the best indicator of his intelligence?I definitely believe that every member of SCOTUS has/had degrees of ambition and effort well beyond the rest of us. I respect where he came from. I guess I should clarify that he doesn't impress me as a Supreme Court judge. Although even beyond that, in honesty I can't say that I've read or heard anything about his contribution to the court that makes me think he belongs there.
Oral arguments during Supreme Court cases are the time not just for asking questions, but debating and convincing among the justices. He has had nothing to offer during these periods for years. He says nothing, than invariably takes the conservative vote.
I'm sure he's not a dumb man. But I don't think he is of the caliber of intellectual curiosity and ability as the others.
Maybe he's just quiet and introspective, and has amazing insight that he doesn't care to share. I doubt it.
It's nice of him to give the young man the ticket.
2) I think when you're comparing how smart justices are to each other, you're probably comparing decimal points in the 99th percentile (e.g. 99.5 vs. 99.6). Several justices and legal scholars on both sides, liberal and conservative, have each said how intelligent they've considered others on opposing sides are including Thomas. I'd say it's pretty much a given that if you're a Supreme Court justice you're probably very smart, and that goes for both sides.
3) Ironically Scalia asked the most questions of any of the justices. Yet earlier you said he was "overrated". However, if it's true (according to you) that asking more questions is correlated with more intelligence, then Scalia isn't "overrated" in terms of intelligence. He'd be the most intelligent Supreme Court justice during his time on the Court by your measure.
4) Harry Blackmun, William Brennan, and Thurgood Marshall all were relatively silent and didn't ask many questions. Does this mean they're not so intelligent?
5) Thomas' own explanation for his silence: "I don’t see where that advances anything. Maybe it’s the Southerner in me. Maybe it’s the introvert in me, I don’t know. I think that when somebody’s talking, somebody ought to listen." Thomas has also said he's friends with Justice Breyer (liberal Democrat) and will ask Breyer to ask questions on his behalf during oral arguments. Not to mention since Thomas was raised speaking an African-American creole language (Gullah), he's said he feels his English is unpolished, and feels self-conscious when he speaks.
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