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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