LI: Justice Thomas Asks Questions at Oral Argument for 1st Time in 10 Years


From my post over at Legal Insurrection:

In a turn of events sure to shock those who follow the US Supreme Court, Justice Clarence Thomas has broken with his 10-year-long record of declining to engage in oral argument, reports USA Today.

Only once in the last 10 years has Justice Thomas made even the slightest remark during oral arguments, and that was merely a one-sentence aside made in jest to Antonin Scalia some three years ago. Justice Scalia, a close friend of Thomas’, passed away two weeks ago.

The case which prompted Thomas to substantively engage in oral argument centers on the Second Amendment. Thomas choosing to break his habitual silence on this Second Amendment case may have been in homage to his friend Scalia, who greatly enjoyed displaying his wit in oral arguments.

The recently deceased Scalia was instrumental on crafting pro-Second Amendment decisions by the Supreme Court in recent years, including the acknowledgement of a Constitutional right to keep and bear arms for self-defense in the cases of Heller and McDonald.

Do read the whole thing by clicking here.