Q&A: Justice Clarence Thomas hospitalized, not with COVID

At arguments at the court Monday, Thomas’ chair to the right of Chief Justice John Roberts was empty and Roberts took note of Thomas’ absence without explaining why. He said Thomas would take part in the cases based on written briefs and recordings of the in-court arguments. Thomas, who has been on the court since 1991, is currently its longest-serving justice.

News of Thomas’ hospitalization came just before the Senate Judiciary Committee opened hearings Monday on the nomination of Ketanji Brown Jackson, whom President Joe Biden has named to replace retiring Justice Stephen Breyer. If she confirmed, she would be the first Black woman on the court, but her confirmation of her would not change the ideological balance on the court. Thomas is the court’s second Black justice ever and one of six conservatives now on the court.

Some questions and answers about Thomas’ hospitalization:

IF IT’S NOT COVID-19, WHAT’S WRONG?

The court provided no additional information about the infection that put Thomas in the hospital other than to say he is responding to intravenous antibiotics. There was no indication about the seriousness of the infection or what caused it, but the court said Sunday evening he was expected to be out in a day or two.

Thomas has no known health conditions, but justices make their own decisions about what health information to release and when. The court has said that all nine justices have received the COVID-19 vaccine and booster shot.

The court does occasionally release health and other information about various justices. Its website contains press releases going back to late 2002, including releases about health issues of other justices. Sunday’s news appeared to be the first time the court issued health information about Thomas in that way.

IS IT ODD THE PUBLIC DIDN’T IMMEDIATELY KNOW THOMAS WAS HOSPITALIZED?

No. The court offered no explanation for why it waited two days to disclose that the justice was in the hospital, but it’s not always apparent when the justices are getting medical treatment.

Now-retired Justice Anthony Kennedy has been similarly mum. In 2005 he said nothing publicly when he had a stent inserted to keep an artery open after experiencing mild chest pain. The court only revealed the procedure when Kennedy returned to the hospital to have the stent replaced 10 months later.

IS IT THE FIRST TIME A JUSTICE HAS MISSED ARGUMENTS BUT STILL VOTED ON A CASE?

In 2004 and 2005, when Chief Justice William Rehnquist was suffering from thyroid cancer and was not on the bench for 44 arguments over five months. Rehnquist voted in most of the cases for which he did not attend the arguments.

COULD THOMAS HAVE STILL PARTICIPATED IN ARGUMENTS FROM THE HOSPITAL?

For whatever reason, Thomas isn’t doing that. If he had, however, he would not have been the first justice to participate in arguments from a hospital. Ginsburg participated remotely from Johns Hopkins Hospital in Baltimore in 2020 while hospitalized with an infection caused by a gallstone. At the time, all the justices were participating remotely and the court was hearing arguments by phone because of the coronavirus pandemic.