Monday, February 29, 2016

From the Atlantic: Clarence Thomas Breaks His Silence The Supreme Court justice asked a question for the first time in 10 years, revealing a different dynamic since the passing of Antonin Scalia earlier this month.

The case was Voisine v. United States - click here for Scotusblog's page on it.

Here is the issue before the court:

Issue: (1) Whether a misdemeanor crime with the mens rea of recklessness qualifies as a "misdemeanor crime of domestic violence" as defined by 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9); and (2) whether 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9) are unconstitutional under the Second, Fifth, and Sixth Amendments and the Ex Post Facto Clause of the United States Constitution.

- Click here for the article.