Clarence Thomas Just Did Something He Hasn’t Done in a Decade

Justice Thomas shocked the courtroom by asking her whether she could think of any other example of where a misdemeanor criminal conviction could deprive an American citizen of a constitutional right for a lifetime—in this case the right to own a firearm, “which at least as of now is still a constitutional right,” he quipped.

The question came directly from an amicus brief filed in the case by the Gun Owners of America, which weighed in to support the two petitioners, a pair of men from Maine who’d been prosecuted under the federal law for possessing firearms after being convicted of misdemeanor domestic violence crimes.

Clarence Thomas Just Did Something He Hasn’t Done in a Decade

For years, critics alleged that Justice Clarence Thomas was hiding behind his conservative compatriot, the late Justice Antonin Scalia, as a way of disguising a lack of intellectual heft or qualifications to be on the bench. Exhibit A has been the fact that it’s been a decade since Thomas asked a question during oral arguments. But today, in a courtroom still draped in black to honor Scalia, Thomas came out of that shadow to prove those critics wrong.

Thomas didn’t just ask one question—he asked many questions this morning and, in doing so, completely changed the direction of the oral arguments. In Voisine v. US, a somewhat obscure criminal case involving domestic violence and gun rights, the court is considering a case that could make it easier for people convicted of misdemeanor domestic violence offenses to keep their gun rights….

The oral arguments in the case appeared to be wrapping up early. Ilana Eisenstein, the assistant solicitor general, said to the justices, “If there are no further questions,” long before her time had run out. Then Thomas shocked the courtroom by asking her whether she could think of any other example where a misdemeanor criminal conviction could deprive an American citizen of a constitutional right for a lifetime—in this case the right to own a firearm, “which at least as of now is still a constitutional right,” he quipped.

The question came directly from an amicus brief filed in the case by the Gun Owners of America, which weighed in to support the two petitioners, a pair of men from Maine who’d been prosecuted under the federal law for possessing firearms after being convicted of misdemeanor domestic violence crimes.

The questions from Thomas left Eisenstein, who had looked about ready to sit down, a bit stumped—or perhaps just stunned because of their source. Thomas continued to press her …

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