According to the court, Thomas was admitted to Sibley Memorial Hospital in Washington Friday due to "flu-like" symptoms. He was later diagnosed with an infection. The court stated that Thomas' "symptoms are improving" and that he would be released on Monday or Tuesday. Patricia McCabe, a court spokesperson, said that she did not have any update on Wednesday morning.

Wednesday morning's arguments were heard by the court. Chief Justice John Roberts stated, as he had for the past two day, that Thomas was not present but would review the transcripts and briefs of the arguments and participate in the proceedings. Roberts stated that Thomas was "unable" to attend today's hearing without giving any explanation.

The court stated that Thomas didn't have COVID-19, and that he was being treated intravenous with antibiotics.

Thomas is a conservative appointee of George H.W. Bush and a conservative. Bush has served on the court since 1991.

Thomas is absent from arguments as the Senate Judiciary Committee holds confirmation hearings for Judge Ketanji brown Jackson. President Joe Biden appointed Jackson to replace Justice Stephen Breyer. Justice Breyer will be retiring at the end of his current term.