Justice Clarence Thomas, near the end of a little-noticed criminal law case involving issues of domestic abuse and the potential loss of gun rights, asked his first question from the Supreme Court bench in 10 years.
"Can you give me an area [of law] where a misdemeanor violation suspends a constitutional right," Thomas asked of the federal government's lawyer, who was arguing that a federal ban on gun ownership for certain persons who are convicted of domestic violence offenses at the state level should apply if the offense was committed "recklessly."
Ilana Eisenstein, the assistant solicitor general arguing the case, had asked if anyone had more questions for her. That's when Thomas, in his booming baritone, spoke up, asking a lengthy string of questions about an issue so far unexplored in the hearing.
He wanted to know "how long" the suspension of Second Amendment rights was for persons prohibited under federal law to possess firearms, and he pressed Eisenstein to name any other legal analog where the federal government could permanently curtail constitutional rights following a conviction for an unrelated offense.
"Let's say that a publisher is reckless about the use of children ... in indecent displays," he said, and wondered if the government then could suspend that publisher's right of free press permanently.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Monday, February 29, 2016
"Can you give me an area [of law] where a misdemeanor violation suspends a constitutional right."
That was Justice Thomas' first question in over 10 years. Apparently he asked a bunch of questions. From the Huffington Post:
I wonder who he had the bet with that he wouldn't ask any questions for as long as Scalia was on the bench...
ReplyDelete#clingingtomygun
ReplyDeleteI find it interesting that the people that advocate for harsher gun laws are the same people that complain about prison overpopulation.
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