Clarence Thomas Just Spoke the Words No One Ever Expected Him to Say

Clarence Thomas is one of the most closely watched justices on the Supreme Court.

Since Thomas is the longest-tenured member of the Supreme Court, all of Washington scrutinizes his every move for a hint about his future.

Clarence Thomas just spoke the words no one ever expected him to say.

Justice Thomas is famous for rarely asking questions during oral arguments.

While Thomas can sometimes go years between speaking during arguments, his opinions and legal reasoning are second to none.

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But that doesn’t stop liberals from mocking Thomas for his silence.

 

However, that changed when the Supreme Court resumed hearing oral arguments by teleconference after shutting down for the coronavirus pandemic in the matter of Patent & Trademark v. Booking.com B.V.

The Supreme Court never heard arguments in this manner before and equally shocking was the fact that Justice Thomas used the occasion to ask a question.

Law&Crime reported that the issue at hand involved, “Whether, when the Lanham Act states generic terms may not be registered as trademarks, the addition by an online business of a generic top-level domain (“.com”) to an otherwise generic term can create a protectable trademark.”

At one point during the oral arguments, Thomas interjected to ask a series of questions stunning reporters listening in on the call.

“Could Booking acquire an 800 number that’s a vanity number — 1-800-BOOKING, for example — that is similar to 1-800-PLUMBING, which is a registered mark?”

The government argued that yes – this would be the case – because acquiring a phone number whose digits spelled out “booking” did not prevent other competitors from acquiring a phone number, whereas if Booking.com registered a trademark that protected that domain on the internet, no company that had booking in their title could purchase a web domain with their company name.

This was the first question Justice Thomas asked in a year.

The last time Justice Thomas asked a question involved a case before the Supreme Court over a challenge to a conviction on the grounds that a prosecutor used peremptory challenge to dismiss black candidates from the jury pool in a case involving a black defendant.

Thomas asked lawyers for the petitioners if they used peremptory challenges to remove white jury candidates.

“Would you be kind enough to tell me whether or not you exercised any peremptories?” Thomas asked.

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“What was the race of the jurors?” Thomas continued.

There have been retirement rumors floating around Justice Thomas for the last year as some conservatives thought 71-year-old Justice Thomas may retire before the election while Trump was in the White House and Republicans controlled the Senate to allow Trump to nominate and win confirmation of a young conservative that could serve for 40 years or more.

Justice Thomas repeatedly denied these rumors and said he intended to serve for multiple decades on the Supreme Court.

American Patriot Daily will keep you up to date on any new developments in this ongoing story.