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       U.S. NEWSTuesday 1 March 2016

Justice Thomas asks questions in court, 1st time in 10 years 

Supreme Court Justice Clarence Thomas speaks at College of the Holy Cross in Worcester, Mass.     court has heard arguments          say he is neglecting his du-
                                                                                                  since the death of Justice         ties.
Thomas has asked questions during Supreme Court arguments for the first time in 10 years. Thom-   Antonin Scalia, Thomas’            The justices were consid-
                                                                                                  friend and fellow conserva-        ering appeals from two
as’ question came Monday, Feb. 29, 2016, in a case in which the court is considering placing new  tive, on Feb. 13.                  Maine men who say their
                                                                                                  Thomas’ questions came in          guilty pleas for hitting their
limits on the reach of a federal law that bans people convicted of domestic violence from owning  a case in which the court          partners should not disqual-
                                                                                                  is considering placing new         ify them from gun owner-
guns.                                                                                             limits on the reach of a fed-      ship. The men say the law
                                                                                                  eral law that bans people          should only cover inten-
                                                              (AP Photo/Michael Dwyer)            convicted of domestic vio-         tional acts of abuse and
                                                                                                  lence from owning guns.            not those committed in the
SAM HANANEL                     broke 10 years of silence posed questions from the                Department lawyer Ilana            heat of an argument.
                                                                                                  Eisenstein was about to sit        Most of the justices ap-
Associated Press                and provoked audible bench during an oral argu-                   down after answering a             peared to favor the gov-
                                                                                                  barrage of questions from          ernment’s position that
WASHINGTON (AP) — Jus- gasps at the Supreme ment.                                                 other justices. Thomas then        even reckless acts of do-
                                                                                                  caught her by surprise, ask-       mestic assault fall under the
tice Clarence Thomas Court on Monday when he It was the second week the                           ing whether the violation of       law.
                                                                                                  any other law “suspends a          But Thomas asked several
                                                                                                  constitutional right.”             questions about Second
                                                                                                  Thomas’s silence over the          Amendment gun rights, a
                                                                                                  years has become a cu-             topic no other justice had
                                                                                                  riosity. He has previously         asked about. He noted
                                                                                                  said he relies on the written      that the law allows some-
                                                                                                  briefs and doesn’t need to         one convicted of a misde-
                                                                                                  ask questions of the lawyers       meanor assault charge to
                                                                                                  appearing in court.                get a lifetime ban on pos-
                                                                                                  Thomas last asked a ques-          sessing a gun “which at
                                                                                                  tion in court on Feb. 22,          least as of now results in sus-
                                                                                                  2006. He has come under            pension of a constitutional
                                                                                                  criticism from some who            right.”q

NY judge: US cannot make Apple provide iPhone data 

LARRY NEUMEISTER                ernment of seeking “dan-      gators against its will and         help the FBI bypass security       stored data from the myri-
TAMI ABDOLLAH                   gerous power” through the     noted that Congress has             protocols to test random           ad harms, great and small,
Associated Press                courts and of trampling on    not adopted legislation             passcode combinations in           that unauthorized access
NEW YORK (AP) — The  U.S.       the company’s constitu-       that would achieve the re-          rapid sequence.                    and misuse can cause.”
Justice Department cannot       tional rights.                sult sought by the govern-          Orenstein said he was offer-       “How best to balance
force Apple to provide the      The San Bernardino Coun-      ment. Orenstein’s ruling —          ing no opinion on whether          those interests is a matter of
FBI with access to locked       ty-owned iPhone 5C was        while not considered bind-          in the instance of this case       critical importance to our
iPhone data in a routine        used by Syed Farook, who      ing or precedent setting for        or others, “the govern-            society, and the need for
Brooklyn drug case, a fed-      was a health inspector. He    the California case — will          ment’s legitimate interest in      an answer becomes more
eral judge ruled Monday.        and his wife Tashfeen Malik   likely still have influence         ensuring that no door is too       pressing daily, as the tide
U.S. Magistrate Judge           killed 14 people during a     on the arguments put forth          strong to resist lawful entry      of technological advance
James Orenstein’s written       Dec. 2 attack at a county     before Judge Sheri Pym at           should prevail against the         flows ever farther past
decision gives support to       holiday party that was at     a hearing next month. The           equally legitimate societal        the boundaries of what
the company’s position in       least partly inspired by the  New York case is far less           interests arrayed against it       seemed possible even a
its fight against a California  Islamic State group. The      onerous or invasive for Ap-         here.”                             few decades ago,” Oren-
judge’s order that it cre-      couple died later in a gun    ple and its technology; the         He said the interests at           stein wrote.
ate specialized software to     battle with police.           extraction technique exists         stake go beyond expecta-           “But that debate must hap-
help the FBI hack into an       Apple’s opposition to the     for that older operating sys-       tions of privacy and include       pen today, and it must take
iPhone linked to the San        government’s tactics has      tem, and it’s been used be-         the commercial interest in         place among legislators
Bernardino terrorism inves-     evoked a national debate      fore to assist investigators.       conducting business free of        who are equipped to con-
tigation.                       over digital privacy rights   In California, Pym ordered          potentially harmful govern-        sider the technological and
Apple on Thursday formally      and national security.        investigators to create spe-        ment intrusion and the “far        cultural realities of a world
objected to the order in a      Orenstein concluded that      cialized software — which           more fundamental and               their predecessors could
brief filed with the court,     Apple is not obligated to     since late 2014 doesn’t ex-         universal interest ... in shield-  not begin to conceive.”q
accusing the federal gov-       assist government investi-    ist for newer phones — to           ing sensitive electronically
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