Supreme Court Justice Clarence Thomas asked a question from the bench on Monday, the first time he’s done that in more than a decade.
Thomas asked his question toward the end of a hearing on domestic abuse during Monday morning’s first session in the case Voisine v. United States. That case deals with whether convictions for reckless misdemeanor domestic violence assault can prevent gun ownership.
Illana Eisenstein, the assistant to the solicitor general representing the federal government, said her concluding sentence: “If there are no further questions,” which prompted Thomas to respond.
“Ms. Eisenstein, one question,” he said, according to a transcript released by the court. “This is a misdemeanor violation. It suspends a constitutional right. Can you give me another area where a misdemeanor violation suspends a constitutional right?”
The two went back and forth until Eisenstein said she could not think of an instance when a misdemeanor conviction permanently suspends a constitutional right, though she added that First Amendment rights can be affected in similar situations.
“OK,” he replied. “So can you think of a First Amendment suspension or a suspension of a First Amendment right that is permanent?”
“Your Honor,” Eisenstein said, seemingly conceding the exchange, “it’s not necessarily permanent as to the individual, but it may be permanent as to a particular harm.”
Slate’s Dahlia Lithwick, who was in the courtroom, told CNN, “Everyone leaned in disbelieving” when Thomas opened his mouth. Courthouse News Service described “an audible shift in the packed courtroom as the audience sat up in their chairs and members of the press scrambled for their notebooks” to record his remarks.
The last time Thomas asked a question was on Feb. 22, 2006, in a death penalty case.
