Thomas vote was probably moved by this language from the opinion: “Wherever we might look to determine what the term ‘trial by an impartial jury trial’ meant at the time of the Sixth Amendments adoptionwhether its the common law, state practices in the founding era, or opinions and treatises written soon afterwardthe answer is unmistakable,” Justice Neil Gorsuch wrote in an opinion. “A jury must reach a unanimous verdict in order to convict.”
Original public meaning.