One of the greatest accomplishments of former President Donald Trump while in office was appointing multiple justices to the Supreme Court of the United States (SCOTUS). His three appointees have been an influence on preserving the Constitution.

A great fear among conservatives is that any of the senior justices who lean into conservative positions might leave the court during the term of the current presidential administration. This would open the door for Biden to appoint a second justice while he is in office.

Concern among conservatives spiked this week when Associate Justice Clarence Thomas unexpectedly didn’t show up for the court’s session. His unannounced absence spurred speculation on both sides of the political spectrum because no reason was given.

From Reuters:
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.

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

Thomas is part of the 6-3 conservative majority on the court. As the oldest current member at age 75, Thomas is also the longest serving justice. He was appointed in 1991 by Republican President George H.W. Bush.

This isn’t the first time Thomas has missed court sessions. He was absent from several days of arguments in March 2022 after being admitted to the hospital for a week due to an infection and flu-like symptoms.

Justices at times have missed oral arguments while still participating in cases. This doesn’t prevent them, as Roberts said, from working on cases that reach the high court.

SCOTUS faces a full slate of cases before its current session. The final two weeks of oral arguments for the session is jammed with consequential cases. The cases before the court include federal antibribery law and whether police can be sued if they had probable cause for some, but not all, charges that led to an arrest; challenges to prosecutors wanting to charge hundreds of Jan. 6 defendants with obstruction; and a case dealing with criminal immunity that involves former President Trump.

The timing of Justice Thomas being absent for oral arguments comes amid ongoing criticism of him from Democrats. Liberals claim Thomas should recuse himself from cases related to Trump because of the justice’s wife’s political opinions. Liberals have also attacked Thomas over claims he accepted expensive travel from Republican political donors.

What these people should be hoping for is that Thomas is healthy and quickly rejoins the SCOTUS session, so all cases are presented before the full court.

Key Takeaways:

• Justice Clarence Thomas unexpectedly missed oral arguments at the Supreme Court.
• No reason was given for his absence which caused concern among conservatives.
• Chief Justice Roberts said Thomas will participate in cases using briefs and transcripts.

Source: Reuters