Justice Clarence Thomas Misses Oral Arguments Due to Illness

Supreme Court Justice Clarence Thomas in his chambers at the Supreme Court in Washington on June 6, 2016. Jonathan Ernst/Reuters

Supreme Court Justice Clarence Thomas missed oral arguments in Washington on March 21 after being hospitalized with flu-like symptoms on March 18.

Thomas, 73, “is unable to be present today,” Chief Justice John Roberts said from the bench as proceedings opened. He “will participate in consideration and decision of the cases on the basis of the briefs and the transcripts of oral argument.”

Roberts made no mention of why Thomas, the second-oldest justice on the nation’s top court, wasn’t present.

The Supreme Court announced late on March 20 that Thomas had been hospitalized two days earlier and had been diagnosed with an infection. It wasn’t related to COVID-19, a spokeswoman for the court told The Epoch Times in an email.

Thomas’s condition is improving, and he’s expected to be released from Sibley Memorial Hospital in Washington soon, according to the court. No updates were available on March 21, the spokeswoman said.

Thomas was being treated with intravenous antibiotics.

A spokesperson for the hospital declined to comment. Ginni Thomas, Thomas’s wife, didn’t respond to a request for comment.

Thomas is the longest-serving member of the court and is poised to become its oldest member once Justice Stephen Breyer retires following the current term.

The Senate Judiciary Committee began confirmation hearings on March 21 for Breyer’s likely replacement, Judge Ketanji Brown Jackson. Breyer, who announced his retirement in January, plans to leave in late June or early July.

“I was sorry to hear that about Justice Clarence Thomas. I speak for all the members of the committee in wishing him a speedy recovery,” Sen. Dick Durbin (D-Ill.), the panel’s chairman, said as the hearing began.

If Thomas were forced to step down because of health issues or otherwise retire, President Joe Biden would get to nominate his successor.

Supreme Court justices are appointed for life.

Several justices have died while in office in recent years. Justice Antonin Scalia died in 2016 from natural causes; Justice Ruth Bader Ginsburg died in September 2020 from pancreatic cancer.