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Dead Constitution See other Dead Constitution Articles Title: Justice Thomas Breaks 10-Year Silence in Court… Sends Obama Lawyer Scrambling Justice Thomas Breaks 10-Year Silence in Court… Sends Obama Lawyer Scrambling By Ben Marquis March 1, 2016 at 4:36pm The Supreme Court was hearing oral arguments on Monday morning when Justice Clarence Thomas, likely filling the originalist void left by the late Justice Antonin Scalia, shocked everyone in the room by actually asking a series of questions from the bench of the lawyer representing the Obama administration. Lawyers and reporters were shocked due to the fact that Thomas typically relies solely upon written briefs and oral arguments, rarely asking a question from the bench. The last time he did so was in 2006, according to NBC News. The case involved two men from Maine convicted of misdemeanor domestic violence who are trying to have their Second Amendment-protected gun rights restored. Ilana Eisenstein, the lawyer for the Justice Department, thought that she was finished answering questions from the justices when Thomas suddenly spoke up, asking her if she knew of any other misdemeanor offenses that resulted in having a constitutional right suspended indefinitely. Though Eisenstein attempted to argue that some crimes can result in an individual having their First Amendment rights temporarily suspended, she was ultimately forced to admit that gun rights are the only constitutionally protected rights that can be suspended for a lifetime due to a mere misdemeanor charge. Thomas continued to pepper Eisenstein with questions focused on the Second Amendment, noting that gun rights are explicitly protected by the Court and the Constitution, “at least as of now.” Eisenstein attempted to explain how studies have shown that perpetrators of domestic violence, even of the reckless or negligent misdemeanor type, are statistically more likely to commit violence with a firearm in the future, which she believed gave the government the right to bar such individuals from possessing weapons in perpetuity. Based on some of the questions and commentary from the other justices during the hour-long hearing, it seemed unlikely that the court will overturn the government’s prohibition on gun ownership for individuals convicted of any type of domestic violence, though there remains the possibility that Thomas’ line of questioning could have swayed some of the other justices. Poster Comment: Clarence Thomas will have to step up since the death of Antonin Scalia. Post Comment Private Reply Ignore Thread
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