What Can We Infer When Justice Thomas Asks The First Question In A Criminal Case?

Yesterday, we analyzed whether it's possible to infer Justice Thomas' vote and whether or not he's writing an opinion based upon the pattern of his questions in criminal cases.  Today, we look at whether it's more likely that Justice Thomas will ask the first question in criminal cases, based upon his vote and whether he's writing.

When voting in the majority of an affirmance, there's a 48.7% chance that Justice Thomas will ask the first question of appellant, and a 22.73% chance that he'll ask the first question of the appellee.  Writing the majority opinion has an impact – when writing the majority, there's a 60% chance he'll ask the first question of appellants and a 30% chance that he'll ask the first question of appellees.  When not writing in an affirmance, there's a 45.53% chance that Justice Thomas will ask the first question of appellants and a 21.13% chance that he will lead off against appellees.