The statement said that Justice Thomas would “participate in the consideration and discussion of any cases for which he is not present on the basis of the briefs, transcripts and audio of the oral arguments.”
All of the nine Supreme Court justices have been vaccinated and boosted against Covid-19. At least two justices, Amy Coney Barrett and Brett M. Kavanaugh, have previously contracted the virus. Justices are regularly tested for the virus, in accordance with court protocol.
Justice Thomas, 73, was nominated by President George H.W. Bush and was seated on Oct. 23, 1991, making him the court’s most senior conservative member. He is its second-oldest member, after Justice Stephen G. Breyer, 83, who in January announced his retirement.
In his resignation letter, Justice Breyer said he intended to retire after the court completed its current term this summer, generally in late June or early July, “assuming that by then my successor has been nominated and confirmed.”
Judge Ketanji Brown Jackson, 51, President Biden’s nominee to replace Justice Breyer, serves on the U.S. Court of Appeals for the District of Columbia Circuit. She was nominated to that position last year by Mr. Biden.