Justice Thomas, 64, made a comment during a joke about lawyers who studied at Harvard and Yale - both Ivy² League universities - lawyers in court said.

 

He said "Well, he did not...", according to court transcripts³, prompting several justices to laugh.

 

Justice Thomas has not asked a question in court since 22 February 2006.

 

Correspondents say the justice's comments were not clear, other than that he seemed to be joking about Ivy League law school graduates.

 

One lawyer said the joke was at the expense of Yale Law School, where Justice Clarence studied, while another lawyer said Harvard Law School was the target of the joke, the Associated Press reported.

 

The nine-member bench was hearing arguments in the case of Boyer vs Louisiana, in which Jonathan Boyer is seeking to have his murder conviction overturned because he was held in jail for seven years before trial.

 

His lawyers say Boyer's constitutional right to a speedy trial was violated.

 

Correspondents say that one issue in the case is whether Boyer's court-appointed lawyers in the early stages of his case were qualified⁴ to represent him.

 

Justice Antonin Scalia asked the lawyer representing the state of Louisiana to confirm which law schools two of the lawyers in question had attended, when Justice Thomas made his comments.

 

Justice Thomas is the only member of the bench who has a habit of not asking questions when oral arguments are heard by the court.

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