THE BURNED OVER DISTRICT

When he cleared his throat in preparation to speaking, The Mute One Justice Clarence Thomas actually asked questions during Monday morning's oral arguments.

Justice Clarence Thomas broke 10 years of silence and provoked audible gasps at the Supreme Court on Monday when he posed questions from the bench during an oral argument.

In a case about a federal law that bans people convicted of domestic violence from owning guns, Thomas wanted to know of any other case where breaking a law suspends constitutional rights.

And it wasn’t just one question; it was a back-and-forth lasting a few minutes that stunned lawyers, reporters and others in the courtroom.

It was only the second week the court has heard arguments since the death of Justice Antonin Scalia, Thomas’ friend and fellow conservative.

Thomas for seven years sat next to Scalia, who was famous for aggressive and sometimes combative questions from the bench. Scalia’s chair is now draped in black in a tribute to his death on Feb. 13.

Thomas’ questions Monday came in case in which the court is considering placing new limits on the reach of the 1996 law. The court is considering an appeal from two Maine men who say their guilty pleas for hitting their partners should not disqualify them from gun ownership.

With about 10 minutes left in the hourlong session, Justice Department lawyer Ilana Eisenstein was about to sit down after asking the justices if there were no further questions. Thomas then caught her by surprise, asking whether a misdemeanor conviction of any other law “suspends a constitutional right.”

The sound of Thomas’ gravelly voice filling the courtroom prompted a few gasps among other lawyers attending the argument. None of the other justices visibly reacted to his remarks.

Thomas’s unusual silence has become a curiosity over the years. Thomas has previously said he relies on the written briefs and doesn’t need to ask questions of the lawyers appearing in court.

Thomas last asked a question in court on Feb. 22, 2006. He has come under criticism for his silence from some who say he is neglecting his duties as a justice. Every other justice regularly poses questions from the bench.

The 10-year milestone of his courtroom silence came just days after Scalia’s death. Thomas was one of only two people invited by Scalia’s family to read from Scripture during the funeral Mass on Feb. 20.

No doubt Ginny Thomas is pushing her husband to step up and fill Nino's shoes as the Conservative stone wall against justice on the court. Alito might havr something to say about that.