Just as Justice Kavanaugh spoke today at the Fifth Circuit Judicial Conference, Judge Thomas also spoke at the Eleventh Circuit Judicial Conference. (Supreme Court justices typically speak at circuit court conferences on which they are the circuit judges.) As with Justice Kavanaugh's remarks, the media was present, but coverage of Justice Thomas' remarks focused more on the kinds of things that interest political reporters. Yes. opinion about the culture of Washington, D.C.) is more important than actually providing information about the functioning of the court and its potential future direction. (In this way, the reporting confirms the comments Sarah Isgur made on the courthouse report today at the 11th Circuit luncheon.)
For those interested in law and courts, the most interesting aspect of Judge Thomas's remarks may be his comments on “fast dockets,” or what many call “shadow dockets.” Like Justice Kavanaugh, Justice Thomas expressed concern about the pressure that comes with increasing emergency filings on the court. Expedited motions seeking relief from extraordinary relief (such as when a district court issues a national injunction) “shorten our process,” Judge Thomas said. “The way we are doing it now is not a thorough method,” he added.
Judge Thomas noted that such motions have increased as advocates have become increasingly aggressive and clever in pursuing such legal strategies, as court schedules have shortened and lower courts have issued more national injunctions. The latter is an issue the court “must address,” Justice Thomas said.
Justice Thomas also echoed Justice Kavanaugh's approval of the new oral argument process. The new format, which combines traditional open-ended questions with ranked questions, is “more thorough” and “respectful” even if it means arguments last longer.
In some of his remarks that may be overlooked, Justice Thomas said that the composition of the court after Justice Breyer's confirmation (which has remained stable for over a decade) was his “favorite court.” Judge Thomas said the court was like his family. “It may have been a dysfunctional family,” he said, but it was a family. Something like a leak Dobbs The draft opinion would have been “unthinkable” at the time.
Thomas also praised Justice Sandra Day O'Connor, saying she deserves much more credit than she is getting, and said the court, where eight of the nine justices attended the same two elite law schools, “reflects the nation.” There were repeated concerns that it could not be done. He also explained why he strives to explain his judicial opinions clearly and understandably to non-lawyers. It was also noted that within four years, Judge Thomas would become the longest-serving judge in the court's history.