His query about instances of Justice Thomas's speaking up during oral arguments has tugged me into a procrastination activity I'd heretofore avoided: Oyez recordings. And the second legal writing memo's due, IRACs and all. Oy. (On the IRAC debate, I side with Will somewhat on the difficulty of fitting one's prose into its strictures, and very much with Heidi on the appeal of the application section, but admit Tony to be correct in saying that IRAC makes writing easy to digest. I just prefer fluffy, heartburn inducing souffles.)
To answer: Justice Thomas gets garrulous in the Oyez audio of NASA v. FLRA 40:00 to 47:03, ending in a crowd-pleaser line. Incidentally, Thomas has a nice voice; his quietness during arguments is unfortunate for aesthetic reasons even if not intellectual ones. In VA v. Black, Thomas didn't so much ask questions as make a statement. With a similar issue of racist symbolic speech in Capitol Square Review Board v. Pinette, he pipes up at 52:30 to debate the meaning of a Klan cross and talks about its being burned even though that wasn't at issue.
Crescat & Co. should appreciate this: Earlier in the oral argument, Justice Scalia asks at 8:05 if the Libertarian Party could have put up an unattended display or if the Square was restricted to religious holiday displays, and if they did, would there be a concern that the state was endorsing the Party? The poor attorney says there's no Establishment Clause for political parties, and then Scalia drags in the Nazis hind foremost.
I wonder if I could get a Diwali display into my hometown's public square as an "early holiday lighting ceremony"...