Justice Thomas Breaks 10-Yr Silence from the Bench and Speaks in Defense of Gun Rights

Justice Thomas Breaks 10-Yr Silence from the Bench and Speaks in Defense of Gun Rights

In what many view as an ode to Justice Scalia, Justice Clarence Thomas just broke his 10-year silence from the bench of the Supreme Court in defense of gun rights. He asked an attorney who was seeking gun control to list any other situations where a “misdemeanor violation suspends a constitutional right.” That’s exactly right and highly appropriate. You should not lose your constitutional rights because of a misdemeanor. If that were the case, many, many Americans would be stripped of their Second Amendment rights. Voisine filed suit, arguing that his Second Amendment rights should not have been taken away from him to begin with and he is joined by another citizen whose Second Amendment rights were similarly stripped. This goes to the heart of the right to bear arms and I am heartened to see Justice Thomas take a constitutional stand like this.

Clarence Thomas

From Breitbart:

On February 29, during a Supreme Court case revolving around misdemeanor domestic abusers and gun rights, Associate Justice Clarence Thomas broke his 10-year silence from the bench to ask the government’s lawyer to list any other situation where a “misdemeanor violation suspends a constitutional right.”

Thomas’ question came in Voisine v United States, a case revolving around the loss of constitutional rights due to a misdemeanor charge of domestic abuse.

The plaintiff, Stephan Voisine, was arrested in 2009 for shooting a protected species. This eventually led to charges over illegal gun possession tied to a 2003 conviction of a “domestic violence misdemeanor.” The Huffington Post explains:

Under a federal law called the Lautenberg Amendment, if you’ve been convicted of a domestic violence misdemeanor, you can’t own or buy a gun. If you’re caught with one, as Voisine was, you can face up to 10 years behind bars. In 2011, Voisine was charged with unlawful possession of a firearm by a prohibited person.

Justice Thomas spoke up when Assistant Solicitor General Ilana Eisenstein argued for applying a federal ban at the state level in misdemeanor cases where the domestic offense was committed “recklessly.” That is fascistic in nature and is a blatant move to ban the Second Amendment rights of individuals. Thomas asked, “Can you give me an area [of law] where a misdemeanor violation suspends a constitutional right?” For example, regarding the First Amendment, Thomas put forth, “Let’s say that a publisher is reckless about the use of children … in indecent displays.” He asked if that should mean that the publisher in question should lose the “right of free press permanently.” Justice Thomas also confirmed that the loss of Second Amendment rights concerning misdemeanors would not be directly tied to a case in which a weapon was used. Eisenstein said it was not. In other words, if this went through, if you were convicted of ANY misdemeanor, you could potentially be stripped of the right to bear arms. This is why the Supreme Court is so important. Only Justice Thomas challenged this woman. Thank God he did.

Terresa Monroe-Hamilton

Terresa Monroe-Hamilton is an editor and writer for Right Wing News. She owns and blogs at NoisyRoom.net. She is a Constitutional Conservative and NoisyRoom focuses on political and national issues of interest to the American public. Terresa is the editor at Trevor Loudon's site, New Zeal - trevorloudon.com. She also does research at KeyWiki.org. You can email Terresa here. NoisyRoom can be found on Facebook and on Twitter.

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