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    The Funniest Justice, week 4: Maximum sentence

    During oral arguments yesterday in the case CSX transportation v. Alabama Dept. of Revenue, Justice Department attorney Melissa Sherry was greeted mid-sentence with the dreaded red podium light – a signal to counsel that their argument time has expired.

    “You can finish the sentence,” Chief Justice John G. Roberts said to Sherry.

    Sherry wasn’t sure one sentence would be enough. “I don’t know if I will get to the point,” she said.

    “Use a lot of conjunctions,” Justice Antonin Scalia advised, rousing a round of laughter.

    That was one of three laughs Scalia earned this week, enough to keep him in the top spot of the Funniest Justice tally. But Justice Stephen Breyer is making a contest of it, earning four laughs this week to stay in Scalia’s rearview mirror.

    Here are the standings after four weeks of arguments:

    Justice Antonin Scalia: 12

    Justice Stephen Breyer: 11

    Justice Anthony Kennedy: 4

    Chief Justice John G. Roberts, Jr.: 3

    Justice Ruth Bader Ginsburg: 3

    Justice Samuel Alito: 2

    Justice Clarence Thomas: 0 (Last oral argument utterance: Feb. 22, 2006)

    Justice Sonia Sotomayor: 0

    Justice Elena Kagan: 0

    One Response to “The Funniest Justice, week 4: Maximum sentence”

    1. [...] jousting between Justices Antonin Scalia and Stephen Breyer. The Court’s two most verbal (and funniest) jurists don’t see eye to eye on a number of judicial [...]

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