The High Court will not say whether Thomas is hospitalized

WASHINGTON – The Supreme Court on Wednesday declined to say whether Judge Clarence Thomas, 73, remained in hospital, although he was expected to be released by Tuesday evening.

The court ruled Sunday that Thomas, 73, was admitted to Sibley Memorial Hospital in Washington on Friday with “flu-like symptoms” and was diagnosed with the infection. His “symptoms are declining” and he was expected to be released on Monday or Tuesday, the court said in a statement at the time. But on Wednesday morning, court spokeswoman Patricia McCabe said she had no updates to provide.

The court heard arguments Wednesday morning and Chief Justice John Roberts said he had said for the past two days that he would take part in the case by reviewing transcripts and summaries of arguments while Thomas was not present. Roberts said Thomas was “unable to attend today” without explanation.

Thomas did not have Covid-19 and his infection is being treated intravenously with antibiotics, the court said.

Thomas, a Conservative and employer of former President George HW Bush, has been in court since 1991.

Thomas’s absence came up in the argument during a confirmation hearing for Senate Judiciary Committee Judge Ketanji Brown Jackson. President Joe Biden has nominated Jackson to replace Justice Stephen Brayer, who wants to retire when the current term of the court expires and summer vacation begins.