Late Sunday night, President Barack Obama called Billings jurist Sidney Thomas to let him know that he would not be the nominee to replace U.S. Supreme Court Justice John Paul Stevens.
“It was a very nice conversation,” Thomas, a judge on the U.S. 9th Circuit Court of Appeals, said Monday. “He didn’t have to do that.”
The president did not tell him who his nominee would be. But on Monday morning, Obama introduced Solicitor General Elena Kagan as his pick for the seat on the high court.
No signs of disappointment were evident Monday in Thomas’ Billings chambers, where he appeared relaxed and smiling.
“It was an honor to be considered,” said the 56-year-old University of Montana Law School alumnus. “Elena Kagan is an excellent candidate with superb credentials.”
Always a bit of a dark horse — not an East Coast, Ivy League law school graduate — Thomas nonetheless reportedly remained on the president’s shortlist while the final decision was made. Thomas was the first Montanan to have been seriously considered for a position on the U.S. Supreme Court.
The Bozeman native was in his chambers at the 9th Circuit’s offices in San Francisco on April 12 when he first learned unofficially that his name was among those mentioned as a replacement for Stevens, and it came as a bit of a shock.
“A friend forwarded an AP story,” he said.
It was a just a rumor for a while, but, a few days later, it became a lot more solid.
“I did have contact with the White House,” he said. “They let me know the story was correct.”
The judge said he still has no idea how he came to the attention of the White House.
Sen. Max Baucus “was about as surprised as I was,” he said. Since his name was added to the mix, both Baucus and Montana’s other Democratic senator, Jon Tester, have helped Thomas through the process, he said.
Also offering their congratulations were Montana’s federal judges, many old friends and others in Montana.
“I received a lot of great support from well-wishers in the community,” he said.
Thomas and his wife, Billings attorney Martha Sheehy, barely had time to absorb the news when another major event wrenched their attention in an entirely different direction. When news of the Obama administration’s interest in Thomas began to spread, Thomas’ family was visiting him in San Francisco.
His teenage son, Oscar, became very ill and had to be hospitalized. He was diagnosed with diabetes.
“We had these two events occurring in close proximity,” he said. “Our attention was focused on making sure he returned to health.”
Oscar’s doing great now, Thomas said, praising the support his family received from other families that share the diagnosis.
“I’m very proud of how he is managing it,” the judge said. “And Skeff (Oscar’s younger brother) has been a big help.”
In the midst of all that, Thomas was summoned to the White House for meetings on April 29.
“I had a 45-minute session with Vice President Biden and a half-hour to 45 minutes with the president,” he said.
The discussion was general, Thomas said.
“They were both very thoughtful people,” he said. “They asked a lot of good questions.
“I think it was obvious that President Obama really enjoyed his time in Montana. He has fond memories of the state.”
Through all the attention, including a flattering story in the New York Times, Thomas has remained unflustered.
“I am a pretty calm person,” he said.
Through it all, he continued to work on 9th Circuit business.
“I was treated very fairly and well,” he said of the White House vetting process.
And he can see a real upside to remaining a federal circuit court judge.
“It is just a privilege to live in Montana among family and friends and do the work of the federal judiciary.”













