Posted on 02/29/2016 9:01:45 AM PST by SeekAndFind
For the first time in a decade, Supreme Court Justice Clarence Thomas spoke during oral arguments.
Just last week, CNN wrote about the ten-year anniversary of 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.
According to reporters in the courtroom Monday, Thomas asked a government attorney, Ilana H. Eisenstein, several questions during a case concerning gun ownership and domestic violence.
The question in the case that piqued Thomas's interest Monday, Voisine v. United States: Is a prior domestic assault conviction based upon reckless conduct a "misdemeanor Crime of Domestic Violence" for purposes of the federal firearms ban? The court is expected to release transcripts of the exchange Monday afternoon.
"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. She said there was a tense moment when Thomas pushed Eisenstein to give another example where a misdemeanor conviction suspends a constitutional right.
(Excerpt) Read more at cnn.com ...
If you know what you believe in reference to the law, and the lawyers argue their cases well, there probably isn’t a lot of reason to ask questions.
I think Thomas also once said the other other Justices will almost always ask the same questions he is thinking anyway.
I like the question! Perhaps, in the past, Justice Thomas simply deferred to Scalia, who would ask all the necessary questions for him. I hope he can write like Scalia too.
The answer, of course, is that constitutional rights should never be suspended over an accusation or over a misdemeanor. We need a patriotic president who will use a litmus test in appointing justices and will insist on an originalist track record so we don't get any more stealth liberal activists.
Reminds me of this joke:
So there is this couple and they have a baby. The baby never starts speaking, even after 3 years. After four years of the boy not speaking the couple take the boy to the doctor, but the doctor says that everything is developing fine, and that there is nothing wrong with him.
Then one day, when the boy is eating some cereal, and he says, “this cereal needs more sugar.”.
“Jimmy,” the couple say, “you have never spoken before, why do you speak now?”
And the boy says, “Up until now everything had been fine”
I hope he can write like Scalia too.
- - - - -
You should read some of Justice Thomas’ opinions. You might actually think that he is better than Scalia.
Bingo... Thomas is now the senior member of the Scalia wing of jurisprudence (with Alito being the other member). He will speak up more now out of necessity.
Hahaha! That’s funny!
Not from where I sit. Scalia was WAY more authoritarian pro-government than Thomas. Thomas is more willing to overturn past wrong decisions and limit the power of the government over their masters. (Not that Scalia was bad, he was light years ahead of the others, but I wouldn't put him in the same league with Thomas).
RE: I hope he can write like Scalia too.
He has proven that he can. Scalia even once said that Thomas would write something that he homself should have written.
So this kid who otherwise appears normal, does all his coloring in black. The parents think something must be wrong, so they have him examined by doctors, psychologists, psychiatrists, who all give him all the tests they have and can find nothing abnormal.
Finally the last doctor, a psychiatrist, decides to take the obvious tack and just ask the kid about the coloring. Kid says “I used up all the other crayons...black is the only one I have left.”
Consider this my way of clicking the “Like” button. Very funny!
No doubt. Thomas has an excellent legal mind. Fortunately, he is on our side.
If you have not, you might want to read “My Grandfather’s Son.” It is the memoir of Thomas. Fascinating reading. Put it along side the “Invisible Man” and “Once, When We Were Colored.” Classic and insightful reads into what it was like to come of age in a truly segregated society. Thomas’s story is told with remarkable lack of rancor. He could have been justified for hatred toward Schumer and Biden, but he either moderates it or fights it off.
Oldplayer
I always have thought it. Thomas was in an actual Catholic seminary—so his understanding of Natural Law Theory which forms much of the Catholic Canon along with the Bible—is very similar to the Constitution which is also embedded with Natural Law Theory.
Without this Catholic-Lockean “theory” there is no Christianity which understands Free Will (choice) and Individualism (v. socialism/group think) and the understanding of private property, Individualism v. tyranny of majorities, “Rights” (subsidiarity) from God, etc.
There is a reason why all Marxists throw out Natural Law theory (subsidiarity/private property, individualism, and freedom of religion/thought) which is the basis of our (so-called) “Justice “ System.
The Marxists/Progressives threw out our Constitution and “Just Laws” in the early 1900 because they knew like Cicero—that when Law ceases to be Just, it will collapse civil society and remove freedom and create chaos.
Justice Thomas realizes that we have two ears and only one mouth.
my guess is that with Scalia dead that Clearance Thomas will be asking more questions because Scalia always asked the questions that needed to be asked. now Thomas sees it as his job.
People like Kagan should be impeached and in prison for Treason for they give their all to erase and undermine the very object which they swear to uphold.
I agree about the Thomas' opinions.
Several years ago I had the opportunity to chat with a woman who had clerked for Thomas. I mentioned to her that I had been impressed by his opinions that I had read. She suggested that what I should really read was his autobiography, My Grandfather's Son. I had bought it previously but never opened it until then. She was right. It's a wonderful book.
ML/NJ
The so-called domestic violence laws are a travesty of Justice that fail to stop real abusers and snares too many other people with permanent consequences.
Nobody should lose their rights if they aren’t a convicted felon.
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