Justice Thomas leaned into his microphone, and in the midst of a great deal of cross talk among the justices, cracked a joke. Or so it seemed to people in the courtroom.
The official transcript confirms that Justice Thomas spoke, for the first time since Feb 22, 2006. It attributes these words to him, after a follow-up comment from Justice Scalia concerning a male graduate of Harvard Law School: “Well – he did not —.” That is all the transcript recites.
Jeffrey Toobin actually analyzes this.Though the transcription is incomplete, people in the courtroom understood him to say that a law degree from Yale may actually be proof of incompetence.