Justice Clarence Thomas Breaks 10-year Streak, Asks Question in Court
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http://www.cnn.com/2016/02/29/politics/supreme-court-clarence-thomas-10-year-streak-question/
By Ariane de Vogue, CNN Supreme Court Reporter Mon February 29, 2016
(CNN)For the first time in a decade, Supreme Court Justice Clarence Thomas spoke during oral arguments.
Just last week, CNN wrote about the ten-years since Thomas's last question at oral arguments. That anniversary, February 22, came on the same day the Supreme Court first heard oral arguments after the death of Justice Antonin Scalia, who was Thomas's ideological soul mate and who had defended his lack of questions over the years.
"No one was more ideologically aligned with Justice Scalia than Justice Thomas, who has historically been reluctant to ask questions at oral argument because he believes his colleagues already do more than enough talking," said CNN contributor Stephen I. Vladeck. "That he's now asking questions--for the first time in over a decade--is as powerful evidence of the impact of Justice Scalia's absence as anything we've seen from the Justices thus far," he said.
The comments from Thomas were directed at a government attorney, Ilana H. Eisenstein in a case called Voisine v. United States. The case concerns whether a prior domestic assault conviction based on reckless conduct qualifies as a misdemeanor crime of domestic violence that would block the plaintiffs from possessing a firearm.
"Everyone leaned in disbelieving," said Slate's Dahlia Lithwick who was in the Court room. "The colloquy went back and forth several times with Thomas pressing the Assistant Solicitor General," Lithwick said.
"This is a misdemeanor violation," Thomas said at one point to Eisenstein. "It suspends a constitutional right—Can you give me another area where a misdemeanor violation suspends a constitutional right?" he asked.
homas has offered a variety of reasons for his silence from the bench.
"We have a lifetime to go back in chambers and to argue with each other," Thomas said in 2013 according to the Associated Press. He noted that the lawyers only have about 30 minutes to present their side of the case. "They should argue. That's a part of the process." Thomas said and added that he doesn't like to "badger people."
Although Scalia and Thomas disagreed on some cases, they agreed on many and were close friends. Thomas was a lector at Scalia's funeral and released a statement after his death saying, "It is hard to imagine the Court without my friend. I will miss him beyond all measure."
Thomas spoke at Scalia's funeral on February 20.
The two men had radically different styles from the bench, however. Scalia often peppered advocates with questions while Thomas silently listened.
Scalia defended his colleague's silence, and asked enough questions for the both of them.
In 2012, he told CNN's Piers Morgan that when he was a young lawyer he appeared before the Justices as an advocate and was only asked two questions.
"It was not at all unusual for justices not to ask questions," Scalia said.
"Thurgood Marshall rarely asked a question. Bill Brennan rarely asked questions," he said referring to retired iconic justices.
"Leave Clarence alone!" Scalia joked.
Carrie Severino, a former clerk of Thomas, was surprised that Thomas decided to break his silence because of his long-held belief that the number of questions during oral argument had become excessive.
"It is possible that Thomas was asking a question that he thought Scalia might have brought up," said Severino, "or, maybe he thought of a question that no one else was asking," she said.
By Ariane de Vogue, CNN Supreme Court Reporter Mon February 29, 2016
(CNN)For the first time in a decade, Supreme Court Justice Clarence Thomas spoke during oral arguments.
Just last week, CNN wrote about the ten-years since Thomas's last question at oral arguments. That anniversary, February 22, came on the same day the Supreme Court first heard oral arguments after the death of Justice Antonin Scalia, who was Thomas's ideological soul mate and who had defended his lack of questions over the years.
"No one was more ideologically aligned with Justice Scalia than Justice Thomas, who has historically been reluctant to ask questions at oral argument because he believes his colleagues already do more than enough talking," said CNN contributor Stephen I. Vladeck. "That he's now asking questions--for the first time in over a decade--is as powerful evidence of the impact of Justice Scalia's absence as anything we've seen from the Justices thus far," he said.
The comments from Thomas were directed at a government attorney, Ilana H. Eisenstein in a case called Voisine v. United States. The case concerns whether a prior domestic assault conviction based on reckless conduct qualifies as a misdemeanor crime of domestic violence that would block the plaintiffs from possessing a firearm.
"Everyone leaned in disbelieving," said Slate's Dahlia Lithwick who was in the Court room. "The colloquy went back and forth several times with Thomas pressing the Assistant Solicitor General," Lithwick said.
"This is a misdemeanor violation," Thomas said at one point to Eisenstein. "It suspends a constitutional right—Can you give me another area where a misdemeanor violation suspends a constitutional right?" he asked.
homas has offered a variety of reasons for his silence from the bench.
"We have a lifetime to go back in chambers and to argue with each other," Thomas said in 2013 according to the Associated Press. He noted that the lawyers only have about 30 minutes to present their side of the case. "They should argue. That's a part of the process." Thomas said and added that he doesn't like to "badger people."
Although Scalia and Thomas disagreed on some cases, they agreed on many and were close friends. Thomas was a lector at Scalia's funeral and released a statement after his death saying, "It is hard to imagine the Court without my friend. I will miss him beyond all measure."
Thomas spoke at Scalia's funeral on February 20.
The two men had radically different styles from the bench, however. Scalia often peppered advocates with questions while Thomas silently listened.
Scalia defended his colleague's silence, and asked enough questions for the both of them.
In 2012, he told CNN's Piers Morgan that when he was a young lawyer he appeared before the Justices as an advocate and was only asked two questions.
"It was not at all unusual for justices not to ask questions," Scalia said.
"Thurgood Marshall rarely asked a question. Bill Brennan rarely asked questions," he said referring to retired iconic justices.
"Leave Clarence alone!" Scalia joked.
Carrie Severino, a former clerk of Thomas, was surprised that Thomas decided to break his silence because of his long-held belief that the number of questions during oral argument had become excessive.
"It is possible that Thomas was asking a question that he thought Scalia might have brought up," said Severino, "or, maybe he thought of a question that no one else was asking," she said.
Comments
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? ? A Clarence Thomas
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The black ? has permission to speak now that his "ventriloquist" is gone.
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His ? gone, y'all leave him alone.
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Smh. We are our own worst enemy.
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babelipsss wrote: »Smh. We are our own worst enemy.
Lmao shut up you voting for Hilary -
Oh no! Not that! Because Bernie is the Great White Hope, right?
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babelipsss wrote: »Oh no! Not that! Because Bernie is the Great White Hope, right?
lmao so who should we vote for then? enlighten me with your ignorance. -
Write in somebody. Why should I care who somebody else votes for?
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babelipsss wrote: »Write in somebody. Why should I care who somebody else votes for?
Damn, this response is the reason why you shouldnt vote -
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I vote. And I encourage everybody who will listen to vote and get involved. Not only do I vote, but I am an election officer. I take an oath to make sure every citizen who walks in our precinct has the opportunity to cast their vote for whomever they feel like. It is the job of the candidate to sway your votes in their direction. Once you are in the voting booth you are free to make your own decision. No one is obligated to reveal their choices.
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Embarrassing that he makes news for doing his job
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CashmoneyDux wrote: »babelipsss wrote: »Write in somebody. Why should I care who somebody else votes for?
Damn, this response is the reason why you shouldnt vote
Good ? that was rough, lol.
This thread is hilarious already.
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Is he still riding w/ that??
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BigBallsNoWorries wrote: »? ? A Clarence Thomas
This still made me bust out laughing even though I expected it lol. -
