The Introverted Justice?
Justice Clarence Thomas is an Active Questioner in Telephonic SCOTUS Oral Arguments, and Introverts Can (Quietly) Relate
Some folks on Twitter and cable news seem surprised that Supreme Court Justice Clarence Thomas — traditionally quiet in oral arguments — has unmuted his microphone and is actively questioning advocates in the Court’s new format of telephonic hearings. Under new pandemic protocols, advocates now have two minutes to present initial statements without interruption, and then the justices ask questions in order of seniority, rather than the usual free-for-all. Justice Thomas, first in seniority after Chief Justice John Roberts, now routinely poses questions. Why?
When I started hearing the buzz about Justice Thomas’s invigoration in this new platform, I immediately thought, “He must be an introvert.” As I’m definitely not an expert on the personality types of any of the Supreme Court Justices (or really anything SCOTUS-related), I Googled articles about Justice Thomas. Several described his appearance at the University of Kentucky in 2012, at which Justice Thomas discussed his views on the traditional oral argument format of justices interrupting advocates with questions. He remarked, “Maybe it’s the introvert in me, I don’t know. I think that when somebody’s talking, somebody ought to listen.” Aha.
Introverts are active listeners. We prefer processing and reflecting before we speak. We also resist interruption — to others and ourselves. Interrupting extroverts or verbose talkers is energy-depleting for introverts. It’s exhausting (and annoying). Yet, interruption abounds in legal practice (and legal education), almost like a badge of honor.
It makes perfect sense to me why — if he’s an introvert — Justice Thomas bristled at having to interrupt advocates or his fellow justices to interject questions in the traditional argument platform. It also seems logical to me why, in the new orderly progression in which everyone has a turn to speak without the cacophony of competing voices, he readily jumps in.
While virtual communications can be draining for introverts if not managed properly, some offer alternative communication channels in which naturally quiet individuals can thrive. Using technical tools like virtual hand-raising and “chat” features, we can engage and participate after adequate reflection, and without the constant pressure to interrupt someone to be heard.
Consider the virtual classroom, for example. In the past few months, experts at multiple levels of education have shared how many quiet students are flourishing in remote learning — when teachers facilitate modes of communication that reduce the intense scrutiny of the in-person classroom experience. In a CNN interview, Dr. Sundai Riggins, an elementary school principal in Washington, D.C., relayed how students who were not talkative in regular in-person classes were expressing themselves much more frequently in distance learning. A dean of a college preparatory boarding school in the Northeast conveyed that, after four weeks of online classes, “introverted students were connecting and sharing in ways they have not done before.” In an Edutopia article by Nora Fleming, a high school psychology teacher, Blake Harvard, noted that “[t]he online environment may allow for voices to be heard without the added bit of social anxiety.” A law school English-as-a-Second-Language specialist indicated how international students felt more empowered in the Zoom law classroom than in “the big lecture hall”; they “felt freer to ask questions, since other students won’t be turning around to look at them.”
If there are any silver livings to the tragedy and trauma of this pandemic, perhaps one is that we might improve the way we communicate, and include more voices authentically. Quiet individuals in America are constantly pressured to be loud, step up, interrupt. Idea-sharing often is a survival-of-the-loudest. What if, instead, we create space for quiet individuals to first reflect, and then amplify their voices in a way that feels natural to them — without having to fight to be heard? Sometimes, extroverted or loquacious leaders and educators mistakenly assume that introverted, shy, or socially anxious individuals (three different manifestations of quietude) are unprepared, disengaged, or not intellectual enough, or worse, just need a “push out of their comfort zone.” Trust me: we’re prepared; we’ve done the work; our brains are overflowing with thoughts, ideas, and solutions to complex problems. We’re also courageous and strong. We just don’t want to have to yell or interrupt other people to be heard.
In one of New York’s daily pandemic press briefings, the clamor of reporters seeking to ask Governor Andrew Cuomo a question prompted him to suggest, “Instead of yelling at each other, how about we go one at a time, and we’ll make sure everyone gets a chance to ask a question?” The Governor’s suggestion and the Supreme Court’s new one-at-a-time question protocol are prime examples of communication upgrades.
Let’s all stop talking over each other. Let’s pause, and listen. Let’s make space for the quiet individuals in our midst to make their voices heard in an authentic manner. I predict we will be blown away by their creativity, intellectual spark, thoughtfulness, and depth. Meanwhile, we will cultivate civility, clarity, and productive dialogue in a time when our lives literally depend on it.
