“Ms Eisenstein, one question,” intoned the deep voice of Justice Thomas this morning just as Assistant Solicitor Ilana Eisenstein was concluding her argument. That marked the end of Thomas’ ten year record of not asking questions during oral arguments. He went on to pepper the lawyer with a dozen more questions, perhaps to make up for the absence of Justice Scalia, his recently deceased neighbor on the bench.
Justice Scalia’s chair and that part of the bench where he sat were draped in black cloth as a memorial today when the remaining eight Justices assembled to hear arguments. The memorial will remain in place for thirty days after which the seating of the Justices will be rearranged in order of seniority.
Chief Justice Roberts gave a brief tribute to saying, “Justice Scalia devoted nearly 30 years of his life to this Court in service to the Country he so loved.”
I came across my last sketch of Justice Scalia done on January 20, which it turns out was also his last day on the bench. He delivered the opinion in Kansas v. Carr. Scalia’s last dissent was in an opinion announced on January 25, Federal Energy Regulatory Commission v. Electric Power Supply Association, but the Justice was not on the bench that day.
Then it was on to the first of two arguments heard this morning, Kingdomware Technologies v. U.S.