The Patriot Post® · Justice Clarence Thomas Speaks

“Ms. Eisenstein, one question.” And with that, Justice Clarence Thomas broke his 10-year silence on the bench. The last time Thomas asked a question during oral arguments was Feb. 22, 2006. He reportedly keeps silent out of respect for the lawyers presenting their cases. Perhaps he spoke up because of the recent death of his longtime colleague and friend Antonin Scalia. The two were ideologically close, and perhaps Thomas felt he needed to be a louder conservative voice on the bench.

The court was hearing the oral arguments to Voisine v. United States, a challenge to the law forbidding anyone convicted of domestic violence from owning a firearm. Assistant Solicitor General Ilana Eisenstein was presenting the state’s defense, about to wrap up, when Thomas piped up. “This is a misdemeanor violation,” Thomas said. “It suspends a constitutional right. Can you give me another area where a misdemeanor violation suspends a constitutional right?”

Thomas long has been a quiet supporter of the Second Amendment. For years, government has argued it could curtail the right to bear arms for the sake of public safety. A domestic violence incident might not have anything to do with firearms. A felony might not have anything to do with violence. Yet a conviction in either results in the loss of Second Amendment rights. As Reason’s Jacob Sullum notes, Thomas is implying legislators have been too quick to strip self-defense rights from citizens. For the record, Eisentein couldn’t think of another example where a misdemeanor resulted in the permanent loss of a constitutional right.