Justice Thomas's silence at oral argument continues to garner commentary.  The editorial board of the New York Times seeks to draw a connection between recent questions about the Justice's possible conflicts of interest and his effectiveness as a judge, arguing that "[h]ow Justice Thomas comports himself on the bench is a matter of ethics and effectiveness, simultaneously."  The board also contends that by engaging in open-minded exchanges with lawyers, Justice Thomas "would show his dedication to the court's impartiality and to its integrity as an institution."  Writing for Politics Daily, Andrew Cohen describes what he characterizes as the "growing political and legal pressure" on Justice Thomas and the Court to end a different kind of silence:  regarding "conflicts of interest and the reasons why the justices recuse themselves (or, more pointedly, don't) from certain cases."    Finally, the Harvard Civil Rights-Civil Liberties Law Review has a post on its website that reflects on yesterday's New York Times Room for Debate blog on the Justice's silence (which Amanda covered on Thursday's round-up).

In brief:

  • Writing for for The Hill, John del Cecato suggests that the Justices should not "generate media buzz" outside the Court, but should instead take a cue from Lady Gaga and adopt a "judicial poker face."
  • The Associated Press (via NPR) reports that at its conference today the Court will consider a petition for certiorari challenging the constitutionality of non-unanimous convictions in state criminal cases.     [Disclosure:  Goldstein, Howe & Russell represents the petitioner in this case.]
  • The editorial board of the Washington Times urges the Court to "fast-track" the health care challenge, reasoning that although "it is rare for the high court to accept a case before it has reached a federal appeals court or a state supreme court, the current circumstance is compelling."

Posted in Everything Else

Recommended Citation: Conor McEvily, Friday round-up, SCOTUSblog (Feb. 18, 2011, 10:09 AM), http://www.scotusblog.com/2011/02/friday-round-up-63/