US Supreme Court judge Clarence Thomas breaks silence to ask his first question in 10 years

Supreme Court Justice Clarence Thomas has broken his decade-long silence in the court, asking several questions during an oral argument about whether people should lose their right to carry a gun because of a domestic violence conviction.

Thomas took the side of a Maine man who lost his right to own a gun after he pleaded guilty to a domestic violence charge and paid a US$200 fine.

Speaking near the end of an hour-long argument on Monday, Thomas pressed a government lawyer to cite another example of where the law permanently “suspends” a citizen’s constitutional right based on a misdemeanour conviction.

He was referring to the 2nd Amendment constitutional right to have a gun. No one would lose their 1st Amendment right to speak or publish a book because of a misdemeanour conviction, he said.

“Can you think of another constitutional right that can be suspended based upon a misdemeanour violation of a state law,” Thomas asked, suggesting that the government might have a better case if the underlying crime had involved the use of a gun.

Thomas’ prior courtroom silence, dating back to 2006, is rare. Though in earlier decades it was common for justices to sit silently for weeks at a time, today the other eight justices typically ask at least one question during every argument.

Thomas has given several explanations for his silence. He told law school audiences that his colleagues asked too many questions and did not permit lawyers to make their arguments. Prior to joining the court in 1991, Thomas served one year on the US court of appeals, where he was one of three judges asking questions during arguments.