WASHINGTON — Justice Clarence Thomas broke 10 years of courtroom silence Monday and posed questions during a Supreme Court oral argument, provoking gasps from the audience. It wasn’t just one question. It was a string of them over several minutes.
This is the second week the court has heard arguments since the death of Justice Antonin Scalia, Thomas’ friend and fellow conservative, whom he sat next to for seven years. Scalia was famous for aggressive questioning from the bench. His chair is draped in black in observance of his Feb. 13 death.
Thomas peppered Justice Department lawyer Ilana Eisenstein 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 hour-long session in Voisine vs. United States. The court was considering the reach of a federal law that bans people convicted of domestic violence from owning guns.
Eisenstein noted that violating other laws can, in some cases, limit a person’s free-speech rights under the First Amendment.
“So can you think of a First Amendment suspension or a suspension of a First Amendment right that is permanent?” Thomas asked.
His comments came after several of the 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 Feb. 22, 2006.
