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Jean-Yves Gilg

Editor, Solicitors Journal

The not-so-silent judge

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The not-so-silent judge

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Serial introvert US Supreme Court Justice Clarence Thomas has broken his self-imposed silence during oral arguments, a decade after his last intervention.

On the first day the court heard arguments following the death of Justice Antonin Scalia, Thomas shocked the courtroom by questioning government attorney Ilana H. Einstein in Vosine v United States.

The case concerned whether a prior domestic assault conviction -qualified as a misdemeanour crime of domestic violence that would block the plaintiffs from possessing a firearm.

Thomas told Einstein: 'This is a misdemeanor violation. It suspends a constitutional right. Can you give me another area where a misdemeanor violation suspends a constitutional right?'

Well known for his wordless approach to hearings, Thomas believed that lawyers 'should argue' as they only have 30 minutes to present their case, but he did not like to 'badger people'.

His sudden change came days after a mass celebrating the life of the late Scalia.

Reflecting on their relationship, Thomas said: 'It is hard to imagine the court without my friend. I will miss him beyond all measure.'

The two justices sat side-by-side in the Supreme Court but could not have been farther apart in styles, with Scalia vehemently vocal from the bench.

While the two disagreed on some cases, Scalia defended his colleague's silence in 2012, saying 'it was not unusual for justices not to ask questions', while joking that Thomas should be left alone.

It remains to be seen whether the Supreme Court will have to wait another decade to hear Thomas ask another question or if his intervention was merely a tribute to his late ally.