Supreme Court Associate Justice's Clarence Thomas, back, and Stephen Breyer, right, exit Cathedral of St. Matthew the Apostle following the 55th Annual Red Mass celebration, Sunday, Oct. 5, 2008, in Washington,. (AP Photo/Haraz N. Ghanbari)

Supreme Court Justice Clarence Thomas testifies before the House Appropriations Subcommittee on Financial Services and General Government regarding the Supreme Court's 2008 fiscal budget request on Capitol Hill in Washington on Thursday, March 8, 2007. Two years and 142 cases have passed since Thomas last spoke up during oral arguments before the Court. It is a period of unbroken silence that contrasts with the rest of the Supreme Court's unceasing inquiries. (AP Photo/Charles Dharapak)

Supreme Court Justice Clarence Thomas addresses the Federalist Society in Washington, in this Nov. 15, 2007, file photo. Two years and 142 cases have passed since Thomas last spoke up during oral arguments before the Court. It is a period of unbroken silence that contrasts with the rest of the Supreme Court's unceasing inquiries. (AP Photo/Charles Dharapak, File)