Justice Thomas Speaks at Eleventh Circuit Judicial Conference
Justice Thomas recently spoke at the Eleventh Circuit Judicial Conference, addressing various topics that shed light on the functioning and potential future direction of the Court. While the press coverage focused on his comments about the culture of Washington, DC, there were key points worth noting for those interested in law and the courts.
One significant aspect of Justice Thomas’s remarks was his discussion of the “expedited docket,” often referred to as the “shadow docket.” Like Justice Kavanaugh, he expressed concerns about the pressure that increased expedited filings place on the Court. Justice Thomas emphasized that emergency filings seeking relief from extraordinary circumstances can “short circuit our process” and stated that the current approach is not thorough.
Furthermore, Justice Thomas highlighted the rise in aggressive and clever legal strategies by advocates, leading to a compressed schedule for the Court and an increase in national injunctions issued by lower courts. He noted that addressing this issue will be necessary in the future.
Justice Thomas also praised the new oral argument process, which combines open questioning with seriatim questioning by seniority. He described the new format as “more thorough” and “polite,” despite potentially longer argument durations.
Additionally, Justice Thomas shared insights on the Court’s composition and dynamics, expressing a fondness for the Court’s composition after Justice Breyer’s confirmation. He likened it to a family, albeit a possibly dysfunctional one, and remarked on the contrast with the current Court. He also acknowledged Justice Sandra Day O’Connor’s contributions and raised concerns about the lack of diversity in terms of educational background among the justices.
Justice Thomas emphasized the importance of making judicial opinions clear and accessible to non-lawyers and noted that he will soon become the longest-serving justice in the Court’s history. His remarks at the conference provided valuable insights into the Court’s operations and challenges it faces.
