Thomas, the U.S. Supreme Court’s most ardent defender of the Second Amendment since the death of Justice Antonin Scalia, dissented from the 6-2 decision in Voisine v. United States. The majority, led by Justice Elena Kagan, held that a misdemeanor assault conviction for reckless conduct—as opposed to intentional or knowing—triggered the federal weapons ban.
The federal law prohibits any person convicted of a “misdemeanor crime of domestic violence” from possessing a firearm. The misdemeanor crime is defined to include any misdemeanor committed against a domestic relation that involves the “use of physical force.” Maine’s law, at the center of Monday’s case, included “reckless” conduct.
Justice Sonia Sotomayor, in a rare alignment, joined Thomas’ dissent. But only part of it—the portion that would have held the “use of physical force” does not include crimes involving purely “reckless” conduct. Sotomayor did not agree with the third part of Thomas’ dissent, in which he said the majority’s reading of the statute “creates serious constitutional problems.”
The high court case drew a number of competing amicus briefs from gun rights groups and gun-control and domestic-violence organizations. But the case also attracted attention during February arguments when Thomas broke his decadelong silence in asking questions from the bench.
