Clarence Thomas Missing Supreme Court Hearing Raises Eyebrows

Supreme Court Justice Clarence Thomas, 75, sparked raised eyebrows over his whereabouts when he was absent during oral arguments on Monday, and the Court provided no explanation why.

Addressing Thomas' lack of presence, Chief Justice John Roberts said simply that Thomas "is not on the bench today" but would "participate fully" in the two cases being argued based on the briefs and transcripts, according to NBC News' Lawrence Hurley.

"Context that may or may not be helpful: In the recent past, Justice Thomas phoned into oral arguments when he couldn't attend in person, allowing him to ask questions remotely. He isn't doing so this time," wrote Slate reporter Mark Joseph Stern on X, formerly Twitter.

Newsweek reached out to the Supreme Court via email for comment.

Clarence Thomas
United States Supreme Court Associate Justice Clarence Thomas. He was not present during hearings on Monday, April 15, sparking questions about his whereabouts. Alex Wong/Getty Images

When Thomas was hospitalized two years ago with an infection, he missed multiple court sessions but still took part in cases.

The conservative jurist and oldest member of the current Court has served since October 23, 1991, making him the longest-serving justice. He is viewed as a prominent member of the Court's current 6-3 conservative majority.

His time on the Court has drawn plenty of ridicule, notably in recent years following an April 2023 report by ProPublica that found that he had accepted luxury trips almost annually for more than two decades as the beneficiary of Dallas businessman and Republican mega-donor Harlan Crow and never disclosed them.

Such trips included lavish vacations on yachts and to resorts around the world. Thomas' wife, Ginni, whose motives regarding the 2020 election and January 6, 2021, often accompanied him. Thomas later defended his actions and relationship with Crow, who he called a "dear friend."

He has said in a statement: "Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable."

Last October, the Democrat-led Senate Judiciary Committee moved to subpoena Crow and other donors, calling it part of a wide-ranging ethics crisis.

Crow told Newsweek via email at the time that any such subpoena would be "nothing more than a stunt aimed at undermining Justice Thomas, but his office would "remain committed to respectful cooperation and a fair resolution."

The committee said that some Supreme Court justices have been "joining billionaires with business before the Court on their private planes and yachts or receiving gifts such as private school tuition for a family member."

Thomas received more grief last month after participating in the Supreme Court's decision to put presumptive Republican presidential candidate Donald Trump back on primary ballots in multiple states after he was removed in accordance to Section 3 of the Constitution, which bars former officeholders who "engaged in insurrection" from holding office again.

The justice was encouraged by many to recuse himself based on the ruling and ties with his own wife, whose actions surrounding the last presidential election have been put in the spotlight.

Update 04/15/24, 12:14 p.m. ET: This story was updated with additional information.

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