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And the Funniest Justice is…

The final oral argument of the Supreme Court’s October 2008 Term is in the history books, which means it is time for DC Dicta to reveal which justice earned the most laughs during oral arguments this term. The answer, for those who have been following the standings all year, is not a surprise.

With 45 chuckle-inducing comments and questions, Justice Antonin Scalia is once again The Funniest Justice.

Scalia didn’t garner nearly as many giggles as he earned during the October 2007 term, when he won the Funniest Justice title with a staggering 74 laughs.

And this year, there was a much tighter race for second and third place. Justice Stephen Breyer spent much of the second half of the term within a few laughs of Scalia, and ended up just 10 laughs behind him. Last term, the second-funniest justice – Chief Justice John G. Roberts – took the No. 2 spot with only 23 laughs. This year the chief got five more laughs, but it only earned him the bronze.

So here are the final standings:

Justice Antonin Scalia: 45

Justice Stephen Breyer: 35

Chief Justice John Roberts: 28

Justice David Souter: 13

Justice John Paul Stevens: 12

Justice Anthony Kennedy: 11

Justice Ruth Bader Ginsburg: 5

Justice Samuel Alito: 3

Justice Clarence Thomas: 0 (Has remained silent during oral arguments since Feb. 22, 2006).

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