to open his mouth in open court ?  His record for lack of open intellectual curiosity is astounding.  Humans are communicative animals.  Not communicating in such a setting is troubling to say the least.  I would have admiration for Clarence Thomas if he had, when asked to be a Supreme Court nominee, said “I am not qualified Mr. President.”  Why can’t people asked to serve beyond their abilities say they are not ready or not prepared ?  That would have been honest.  And intellectual honesty and the open exchange of ideas is what is needed on the Supreme Court of the United States.

I tell all ABRAMS LANDAU law clerks that the bulwark of the American Constitution is “NOTICE” and “AN OPPORTUNITY TO BE HEARD.” Justice Thomas’ silence deprives those with their final appeals both mainstays of our national fabric.  And that I why I question our “silent Justice.”