Mild Compliment Results in Attack of My Use of "Often"

[A self-labelled Republican who also has "Never Trump" tendencies repeatedly makes bad arguments in quickie posts in a blog and his comments on how court packing would violate "constitutional democracy" if done right away after the 2020 elections are of that caliber. I and others explain why here. Near the end, I provided a form of the below, in part because another self-labeled conservative explained why he finally lost patience with a resident troll. Took him a few years though.]

Justice Thomas asked a question in an oral argument earlier this week, the first time he did so in three years. I mentioned elsewhere that my opinion that he asked good questions over the years, "often" on race issues. I clarified that I meant that of the limited times he asked questions (such as a sparsely used pinch hitter), he often in that subset did so. I think he should ask more questions partially for that reason, partially since it gives a chance for advocates to address his atypical views. Also, him not asking questions EVER comes off as rude to some people. It's an unnecessary affront even if he doesn't intend it.

(A discussion of the case and a link to an article that includes his questions, minus the latest, making the case can be found here.  The blog is an impressive coverage of the Supreme Court by some high school students.*)

I'm not a fan of Thomas' jurisprudence generally and opposed his confirmation on grounds of inexperience alone (the sexual harassment issue added insult; public integrity is something basic to members of the Supreme Court) and didn't think the question posed this time that good. Basically, he flagged in case where the prosecution was found to commit racial bias repeatedly and allegedly did so again in a sixth attempt to convict that the defense used peremptory challenges against white jurors. As noted by Sotomayor, not only is that side not "on trial here" but there were few black jurors to strike anyhow.  But, that doesn't change my basic sentiment.

This is all said because when I did so someone strongly refuted my comment on Twitter. I noted that I didn't support Thomas generally, but did in this specific way. (Looking it up: "He asked some good questions -- often in race related questions -- over the years.")

Okay. Well, what are examples of his horrible questioning? The person pointed to the questions he posed that very day. That doesn't really refute my comment. I get the idea the person had no actual knowledge of his questioning (I alluded to questions Thomas posed in cases involving the KKK and public usage of crosses as an example.) The person then attacked my use of "often," noting in effect it would be curious if anyone else in the universe would use the word that way.

I understand the reason people are loathe to admit someone like Thomas is right even when he says that Bryce Harper is a dweeb, but at some point this sort of thing is tiresome. After repeatedly going back and forth with the person, harping on my use of "often" led to a "mute" from me.

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* Some people, including some lawyers, ridicule oral arguments as pointless. Besides serving as the one time the general public gets a chance to listen (or see, in courts that deign to videotape) to the judges, there are other values to such arguments. Repeatedly, judges themselves have said so. I just read an old essay (found in a version of Judges on Judging") by Justice John Harlan II saying so.

At some point, I take them at their word -- they find oral arguments helpful. To toss it out there, one Supreme Court journalist suggested Justice Breyer might ask some questions with Justice Thomas in mind, the two sitting next to each other on the bench and at times chatting during oral arguments (see the High School SCOTUS interview with Chris Geidner).