U.S. Supreme Courtroom Justice Clarence Thomas speaks on Thursday, Sept. 16, 2021, on the College of Notre Dame in South Bend, Ind. (Robert Franklin/South Bend Tribune by way of AP)
WASHINGTON --
Justice Clarence Thomas stays hospitalized in Washington after being identified with an an infection however doesn't have COVID-19, the Supreme Courtroom mentioned Monday.
The excessive courtroom introduced Sunday night that the 73-year-old justice had entered the hospital Friday after experiencing "flu-like signs" and underwent assessments. The courtroom mentioned that Thomas was identified with an an infection and was being handled with intravenous antibiotics. The courtroom mentioned on the time that "his signs are abating," nevertheless it didn't say that Thomas had examined destructive for the virus.
At arguments on the courtroom Monday, Thomas' chair to the correct of Chief Justice John Roberts was empty and Roberts took observe of Thomas' absence with out explaining why. He mentioned Thomas would participate within the instances based mostly on written briefs and recordings of the in-court arguments. Thomas, who has been on the courtroom since 1991, is at the moment its longest-serving justice.
Information of Thomas' hospitalization got here simply earlier than the Senate Judiciary Committee opened hearings Monday on the nomination of Ketanji Brown Jackson, whom President Joe Biden has named to exchange retiring Justice Stephen Breyer. If confirmed, she can be the primary Black girl on the courtroom, however her affirmation wouldn't change the ideological stability on the courtroom. Thomas is the courtroom's second Black justice ever and considered one of six conservatives now on the courtroom.
Some questions and solutions about Thomas' hospitalization:
IF IT'S NOT COVID-19, WHAT'S WRONG?
The courtroom supplied no further details about the an infection that put Thomas within the hospital aside from to say he's responding to intravenous antibiotics. There was no indication in regards to the seriousness of the an infection or what brought on it, however the courtroom mentioned Sunday night he was anticipated to be out in a day or two.
Thomas has no identified well being situations, however justices make their very own selections about what well being data to launch and when. The courtroom has mentioned that every one 9 justices have obtained the COVID-19 vaccine and booster shot.
The courtroom does often launch well being and different details about varied justices. Its web site incorporates press releases going again to late 2002, together with releases about well being problems with different justices. Sunday's information seemed to be the primary time the courtroom issued well being details about Thomas in that method.
IS IT ODD THE PUBLIC DIDN'T IMMEDIATELY KNOW THOMAS WAS HOSPITALIZED?
No. The courtroom provided no clarification for why the information the justice was within the hospital wasn't disclosed earlier, nevertheless it's not at all times obvious when the justices are getting medical therapy.
For instance, the late Justice Ruth Bader Ginsburg was pretty forthcoming about her many well being points over time, together with a number of bouts with most cancers. However in 2020 she waited greater than 4 months to disclose that her most cancers had returned and that she was present process chemotherapy.
That very same 12 months, Chief Justice John Roberts spent an evening in a hospital after he fell and injured his brow and wanted stitches. The damage wasn't disclosed till a month later, after which solely as a result of The Washington Submit realized of it.
Now-retired Justice Anthony Kennedy has been equally mum. In 2005 he mentioned nothing publicly when he had a stent inserted to maintain an artery open after experiencing delicate chest ache. The courtroom solely revealed the process when Kennedy returned to the hospital to have the stent changed 10 months later.
IS IT THE FIRST TIME A JUSTICE HAS MISSED ARGUMENTS BUT STILL VOTED ON A CASE?
No, and there are different latest examples. In the beginning of 2019 when Ginsburg was recovering from most cancers surgical procedure she missed arguments however participated in selections based mostly on the briefs and transcripts of the arguments. She in the end missed six days on which the courtroom heard a complete of 11 arguments and returned to the courtroom for arguments the next month.
In 2004 and 2005, when Chief Justice William Rehnquist was affected by thyroid most cancers and was not on the bench for 44 arguments over 5 months. Rehnquist voted in many of the instances for which he didn't attend the arguments.
COULD THOMAS HAVE STILL PARTICIPATED IN ARGUMENTS FROM THE HOSPITAL?
Theoretically, sure. Different justices have participated in arguments remotely for the reason that courtroom began its time period within the fall and a few attorneys have as nicely. Justice Brett Kavanaugh participated remotely from his dwelling after testing optimistic for COVID-19 and Justice Sonia Sotomayor participated remotely from her workplace when coronavirus case counts had been notably excessive. Justice Neil Gorsuch additionally participated remotely after getting what the courtroom described as a "abdomen bug," however testing destructive for COVID-19.
For no matter motive, Thomas is not doing that. If he had, nevertheless, he would not have been the primary justice to take part in arguments from a hospital. Ginsburg participated remotely from Johns Hopkins Hospital in Baltimore in 2020 whereas hospitalized with an an infection brought on by a gallstone. On the time, all of the justices had been collaborating remotely and the courtroom was listening to arguments by telephone due to the coronavirus pandemic.
The justices returned to in-person arguments in October after greater than a 12 months and a half of phone arguments. The courtroom remains to be closed to the general public, nevertheless, due to the pandemic.
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