The conservative justice was not present for oral arguments on Monday, but the court did not provide a reason why.
Conservative Supreme Court Justice Clarence Thomas was not present at the court for oral arguments on Monday, with the court giving no reason for his absence.
Chief Justice John Roberts said in court that Thomas “is not on the bench today” but would “participate fully” in the two cases being argued based on the briefs and transcripts.
A court spokeswoman had no further information.
Thomas, 75, is the eldest of the nine justices. The court has a 6-3 conservative majority.
Can’t happen this time because Mitch isn’t running the Senate…
BUT…
Here’s a scenario…
Thomas drops dead.
Sinema or Manchin change party to Republican.
Senate flips to Republican leadership and Mitch is back in charge because he doesn’t step down from the leadership role until the term ends.
Mitch blocks the nominee just like he did with Merrick Garland.
Trump wins and gets a 4th Supreme Court pick… which doesn’t change the balance, since Thomas is right wing, but it locks in the 6-3 majority for decades.
It would take both of them to pull this off, the split in the Senate is 51-49 and whats-her-name breaks any 50/50 tie
Senate is 49 R, 48 D, with 3 I. Sanders, King and Sinema.
So if Sinema or Manchin flipped, that would be 50 R and Mitch is back.
No, those 3 Independents caucus with Democrats and vote with Democrats for the purposes of organizing the Senate. So it is effectively 51-49 for the purpose of establishing the Senate Leadership. One flip makes it 50-50, and then Harris spends a lot more time in the Senate.