Justice Clarence Thomas broke 10 years of courtroom silence Monday and posed questions during a Supreme Court oral argument, provoking gasps from the audience.
And it wasn’t just one question; it was a string of them in an exchange that lasted several minutes.
It was only the second week the court has heard arguments since the death of Justice Antonin Scalia, Thomas’ friend and fellow conservative, whom he’d sat next to for seven years. Scalia was famous for aggressive and sometimes combative questions from the bench. His chair is now draped in black in observance of his Feb. 13 death.
Thomas’ gravelly voice unexpectedly filled the courtroom and enlivened an otherwise sleepy argument about gun rights. He peppered Justice Department lawyer Ilana Eisenstein, who was trying to wind up her argument, with 10 or so questions that seemed to be a vigorous defense of the constitutional right to own a gun.
“Ms. Eisenstein, one question,” Thomas said. “This is a misdemeanor violation. It suspends a constitutional right. Can you give me another area where a misdemeanor violation suspends a constitutional right?”
Until then, it had been business as usual for the first 50 minutes of the hourlong session in Voisine v. United States. The court was considering the reach of a federal law that bans people convicted of domestic violence from owning guns.
None of the other justices visibly reacted to Thomas’ remarks.
Eisenstein noted that violating other laws can, in some cases, limit a person’s free-speech rights under the First Amendment.
“OK,” Thomas said. “So can you think of a First Amendment suspension or a suspension of a First Amendment right that is permanent?”
It was a topic no other justice had asked about. And his comments came after several of the other justices seemed to favor the government’s position that the law applies whether the abuse is intentional or reckless.
Thomas last asked a question in court on Feb. 22, 2006, and his unusual silence over the years has become a curiosity. Every other justice regularly poses questions from the bench.
Thomas has come under criticism for his silence from some who say he is neglecting his duties as a justice. He has said he relies on the written briefs in a case and doesn’t need to ask questions of the lawyers appearing in court.
Carrie Severino, a former clerk to Thomas who now heads a conservative advocacy group, said the justice had kept his silence “because he felt that oral arguments have become less civil and respectful of the attorneys and their arguments over the past two decades, often becoming little more than rhetorical jousting among the justices.”
Like Scalia, Thomas has long championed Second Amendment gun rights. In December, he and Scalia objected when the high court refused to hear a challenge to a Chicago suburb’s assault weapons ban that was upheld by lower courts. Thomas said the justices should not stand by while lower courts relegate “the Second Amendment to a second-class right.”
Thomas did not speak during the court’s second argument on Monday.
The Associated Press contributed to this article.
The Supreme Court needs to start obeying the “Core Constitutional Requirements” .The make-up of the Court shall be determined by Congress, not the Courts! There shall be one Supreme Court. The Licensing of attorneys by the Courts is unconstitutional. By what lawful authority do the Courts integrate the Bars into the Court?
Thank you
Sometimes silence is golden.
Justice Thomas may become more vocal now that Justice Scalia is gone. Thomas in many respects is now the truest conservative on the bench. I think his questions shows that he is moving into the role occupied by Justice Scalia as the defender of the Constitution.
Justice Thomas may become the best hope for those of us who want a court that follows the Constitution.
The main problem with SCOTUS is that they are not relying upon previous rulings from SCOTUS in re: arms.
In particular, someone should FIRST inform the justices that there is no such thing as “Constitutional Rights.” Never has been; never will be. What the Constitution is for is to prevent the trampling of God-given Rights, aka “Natural Rights.” So in truth, what they should be talking about is “Constitutionally-SECURED rights,” for our God-given Rights are only as secure as the honor and integrity of those sworn to uphold the Constitution and protect it’s principles against all enemies, foreign and domestic.
What the Justices should do is review US v Cruikshank, which says in relevant part:
“[The Right to Keep and Bear Arms] is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed;… This is one of the amendments that has no other effect than to restrict the powers of the national government,…”. U.S. v. Cruikshank Et Al. 92 U.S. 542 (1875).
One of the major problems i see with SCOTUS is that they seem to think that there is no subject upon which they may NOT express a legal opinion, DESPITE the restrictions named or unnamed in the Constitution itself(for all SCOTUS judges ALSO take an oath of fealty to it); when has SCOTUS said “Sorry; according to the Constitution, we can’t rule on this matter,” and either send it back to the State(s), Congress, or the President for them to deal with? i can’t think of a single example.
i’m glad that Clarence has grown a pair big enough to let himself speak and be heard, all the same.
Justice Thomas is obviously picking up the banner of defending our republic from his fallen comrade and, role model perhaps, the great Justice Scalia. God Bless both of these patriots, and let us accept no others but men and women of this stature. Thank you Justice Thomas. We salute you with grateful respect! Keep it up! Joe Boysen
Thank you for standing up for all of us who believe in the written word not the ones that some try to make their words sound better but are not the same in truth.
We will miss Justice Scalia. Good for Justice Thomas to speak up since the former speaker is no longer with us!
Thank you Justice Thomas! We need you! Please don’t let us down! We so need to get back to the Constitution!!!! It meant EVERYTHING when it was written and it still means everything today!!! Anyone who thinks the Constitution is irrelevant or old fashioned needs to move to another country!!! There is plenty of room for you in the middle east where you can live however you wish! THIS IS AMERICA AND WE LIVE BY THE CONSTITUTION!!!!!!