During a recent Supreme Court hearing, conservative Justice Clarence Thomas, the most senior associate justice, posed the first question. He raised the point of whether the court should view the issue as an age-based ban rather than a sex-based prohibition. Thomas emphasized that it is not a ban but rather a restriction aimed at minors.
Thomas questioned why the case shouldn't be considered as an age classification matter, highlighting the distinction between age and sex-based restrictions. This line of inquiry set the tone for the arguments, with other justices subsequently delving into the topic with follow-up questions.
Notably, Thomas, who had refrained from speaking during arguments for years, has become an active participant since the pandemic necessitated changes to the court's debate format. His initial questions often guide the discussion for an extended period, shaping the direction of the arguments.
