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    The Funniest Justice, week 6: Breyer leaves ‘em laughing

    “I thought there was a principle that a citizen is supposed to be able to understand the criminal law that was around even before Justice Scalia,” said Justice Stephen Breyer during oral arguments Tuesday.

    That quip, made lightly at the expense of his colleague, was one of five chuckle-drawing comments Breyer made this week, allowing him to pass Chief Justice John G. Roberts, Jr. and take second place in the running tally of the Funniest Justice on the Supreme Court this term.

    Justice Antonin Scalia also got five laughs this week, protecting his healthy lead.

    Here are the laugh standings:

    Justice Antonin Scalia: 28

    Justice Stephen Breyer: 14

    Chief Justice John G. Roberts, Jr.: 13

    Justice Anthony Kennedy: 3

    Justice John Paul Stevens: 2

    Justice Samuel Alito: 2

    Justice Clarence Thomas: 0 (Thomas has remained silent during oral arguments since Feb. 22, 2006, although he often laughs heartily at other justices’ jokes)

    Justice Ruth Bader Ginsburg: 0

    Justice Sonia Sotomayor: 0

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