Supreme Court Justice Clarence Thomas missed the court’s session on April 15.
Justice Thomas was not on the bench on Monday as the other eight justices heard arguments, with no reason given for his absence.
Chief Justice John Roberts noted the absence of Justice Thomas at the beginning of the arguments in the first of two cases before the court but did not offer an explanation. Justice Roberts did say that Justice Thomas would “participate fully” in the cases by using the written legal briefs and the transcripts of the arguments.
The court did not respond to requests for information on his absence.
The court often gives a reason for a justice’s absence, including when a justice is ill.
Justice Thomas, 75, is the oldest justice in addition to being the justice that has served the longest. He was appointed by President George H.W. Bush in 1991.
The court was hearing two cases on Monday, one dealing with a payment made to an Indiana mayor and another with an Ohio lawsuit from a manager of a jewelry store.
There are nine justices on the court. Justices can serve as long as they wish. Some serve until death while others retire. Justice Stephen Breyer, the last justice to leave the court, retired in 2022. Before that, former President Donald Trump got his last of three appointments after Justice Ruth Bader Ginsburg died on Sept. 18, 2020. Justice Thomas was appointed to the court before both justices.
When a justice departs the court, the president picks a new nominee. The Senate votes on each nominee; a majority vote is sufficient for approval.
Democrats currently control the White House and the Senate, ahead of the November elections.
Justice Thomas was hospitalized on March 18, 2022. The court did not disclose the hospitalization for two days. The justice was released after one week. According to the court, he was diagnosed with an infection after dealing with flu-like symptoms and was treated with intravenous antibiotics.
The court specified at the time that Justice Thomas did not have COVID-19. All the justices have received COVID-19 vaccines.
Justice Thomas missed multiple days of oral arguments due to being hospitalized.
