Happy [Belated] Anniversary, Justice Thomas

Do you remember the last time U.S. Supreme Court Justice Clarence Thomas spoke? We heard him talk about football during the USC - Nebraska game last September (which we fondly recall as "departing of the Red Sea"), but when was the last time Justice Thomas spoke up during session? It was in a death penalty case heard on February 22, 2006. That makes two years and 142 cases without an utterance by Justice Thomas.

One might suggest that Justice Thomas is strictly construing and personally adhering to the prohibitions of 40 U.S.C. 6134, which makes it "unlawful to discharge a firearm, firework or explosive, set fire to a combustible, make a harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds." But that's probably not it. When he started his dissent earlier this month in Preston v. Ferrer (2008) __ U.S. __, with the words "as I have stated on many previous occasions," we chuckled just a little, but not nearly as much as our liberal friends chuckled when we praised Justice Thomas's dissent in that case and suggested that we would love to see at least four more justices just like him.

The dissent, for what it's worth, read as follows:

JUSTICE THOMAS, dissenting. As I have stated on many previous occasions, I believe that the Federal Arbitration Act (FAA), 9 U. S. C. § 1 et seq. (2000 ed. and Supp. V), does not apply to proceedings in state courts. See Allied-Bruce Terminix Cos. v. Dobson, 513 U. S. 265, 285–297 (1995) (THOMAS, J., dissenting); see also Buckeye Check Cashing, Inc. v. Cardegna, 546 U. S. 440, 449 (2006) (same); Green Tree Financial Corp. v. Bazzle, 539 U. S. 444, 460 (2003) (same); Doctor’s Associates, Inc. v. Casarotto, 517 U. S. 681, 689 (1996) (same).Thus, in state -court proceedings, the FAA cannot displace a state law that delays arbitration until administrative proceedings are completed. Accordingly, I would affirm the judgment of the Court of Appeals.

We'd love to hear more from him on these matters, although it may become moot if the Arbitration Fairness Act of 2008 passes.

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[Pastor Bob]

Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding. -- Bible, 'Proverbs' 17:28