I agree with this. If the proceedings get boring, or sleep seems immenent for any reason I see nothing wrong with asking the CJ for a short recess to get up, walk around. stretcj pr whatever. Or think up a question to ask. Or even ask the litigants to get with it and stop taking so much time. I don’t think judges in ordinary cases are all that shy about moving things along.
A former girlfriend and I once “tested” a mattress at the local furniture store. Twice.
I am a little puzzled.
That Thomas never asks questions suggests to me that he may be over his head: if his sole contribution is a reliably conservative vote, then perhaps he should make room for a more competent replacement.
Snoozing every now and then certainly raises eyebrows, but I would be more concerned about the underlying job performance.
FYI only: Judge Thomas was born in 1948: He will be 58 in June.
Again, I estimate that about, oh, ten percent of a Justice’s job – if that – is the questions they ask in oral argument. Thomas considers the cases, he discusses the cases, he writes about the cases, and he manages the caseload. He’s not my favorite Justice, and he’s certainly not as prolific a writer as some – in part because his jurisprudential view is idiosyncratic even among his conservative colleagues on the bench – but make no mistake that the quality of his performance as a Justice is utterly irrespective of how many questions he asks in oral argument.
Point taken Gadarene, but might one observable aspect of the Supreme’s job proxy for the less observable aspects?
Only to a rough extent, presumably – I italicized the word “if” intentionally.
It’s a good question. I don’t think so, given how different each aspect of the job is, but I’m honestly not sure.
Man, I’m having a hard time staying awake reading this thre…
That would be contrary to Supreme Court procedure. Under Supreme Court Rule 28, each side gets one-half hour for argument. Although a party can apply for more time, according to the Rule: “Additional time is rarely accorded.”
In practice, the argument is timed and a white warning light comes on five minutes before the end of time, and a red light comes on when time is up. At the red light, the attorney arguing is supposed to stop arguing, the only exception being that the attorney may finish a question put before him or her by a justice. (Other appellate courts may be more relaxed about oral argument time limits, allowing counsel to continue until the judges are satisfied with the argument.) The time limits are strictly observed, and it would be highly unusual to call a pause in the oral argument.
Reading through all the posts I must agree it’s, in practice, not a big deal that she fell asleep. In the sense that the other Justices for a long time haven’t always focused their attention on oral arguments. Still doesn’t seem right, though, that any Justice is anything but focused on the case at hand. Again, I ask, if the cases before the SCOTUS aren’t important enough for a judge to stay awake, it kind of diminishes the luster of the Court.
On the other hand, Bricker actually made me happy she was sleeping. he reminded me that if whe’s in any way oblivious to the proceedings, that can only help America. 