Justice Clarence Thomas asks First Question in 10-years

By Cheri Cheng - 29 Feb '16 14:20PM
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Supreme Court Justice Clarence Thomas has broken his 10-year record of silence by asking a question in court during oral arguments.

Based on the accounts of the reporters who were present in the courtroom on Monday, the Justice asked federal attorney Ilana H. Eisenstein several questions right when she had finished fielding questions from the other justices. There was about 10 minutes left in the one-hour long session.

The court case was addressing the topic of whether or not new limits should be considered in regards to a federal law that bans people who have been convicted of domestic violence from having guns. Thomas had asked Eisenstein to provide an example of any other law that "suspends a constitutional right" when violated.

"Ms. Eisenstein, just one question," Thomas said reported by the Washington Post. "Can you give me - this is a misdemeanor violation. It suspends a constitutional right. Can you give me another area where a misdemeanor violation suspends a constitutional right?

Thomas followed up that question with a few more. The transcripts for the session are expected to be released by the Court in the afternoon.

"Everyone leaned in disbelieving," said Slate's Dahlia Lithwick reported by CNN. "The colloquy went back and forth several times with Thomas pressing the Assistant Solicitor General."

Thomas has long defended his reasons to remain quiet in court, a decision that was backed by the late Justice Antonin Scalia. One of his main arguments for abstaining from commenting is to give the lawyers time to preset their cases.

"We have a lifetime to go back in chambers and to argue with each other," Thomas had explained in 2013. "They [the lawyers] should argue. That's a part of the process."

He also defended himself in 2007 stating, "Justice Marshall rarely asked questions. Justice Powell rarely asked questions. That's a personal preference. I certainly wouldn't do it to provide histrionics for the media gallery or for other people or for critics. Critics will always be critics."

The last time that Thomas asked a question during oral arguments was on Feb. 22, 2006.

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