The Supreme Court declined to say Wednesday whether 73-year-old Justice Clarence Thomas remains in the hospital, though he had been expected to be released by Tuesday evening.

       The court said Sunday that the 73-year-old Thomas had been admitted to Sibley Memorial Hospital in Washington on Friday after experiencing “flu-like symptoms,” and he was diagnosed with an infection. His "symptoms are abating," and he was expected to be released Monday or Tuesday, the court said in a statement at the time. But on Wednesday morning, court spokeswoman Patricia McCabe said she had no update to provide.

       The court heard arguments Wednesday morning and Chief Justice John Roberts said, as he has for the past two days, that while Thomas was not present he would participate in the case by reviewing the arguments’ transcript and briefs. Roberts said Thomas was “unable to be present today" without explanation.

       Thomas did not have COVID-19 and his infection was being treated with intravenous antibiotics, the court has said.

       Thomas, a conservative and appointee of former President George H.W. Bush, has been on the court since 1991.

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       Thomas' absence from arguments comes as the Senate Judiciary Committee is holding confirmation hearings for Judge Ketanji Brown Jackson. President Joe Biden nominated Jackson to replace Justice Stephen Breyer, who intends to retire when the court ends its current term and begins its summer recess.