The funniest justice, week 8: When the whole world laughed

cjrobertsThere was only one day of oral arguments at the Supreme Court this week. And the three cases heard yesterday did not provide much opportunity for laughter in the courtroom (that is, aside from the laughter in the press gallery as reporters rehashed the presidential oath flub heard around the world).

Chief Justice John G. Roberts, Jr. did manage to make the crowd laugh once inside the courtroom. While some court watchers were expecting him to make some sort of self-effacing comment regarding the trouble he had with President Barack Obama’s oath Tuesday – Roberts does, after all, have a pretty good sense of humor – he made no reference to it at all. (Legal Times’ Tony Mauro thinks he may have heard something in the way Roberts pronounced the word “clerk.” DC Dicta didn’t catch that, but we always defer to Tony’s ear, being the astute reporter that he is.)

Justice Stephen Breyer was the only other justice to get a laugh, which creates a real three-way contest in the quest to be the Funniest Justice of the term. Usually Justice Antonin Scalia runs away with it by now, but Nino better think of some funny quips quickly if he wants to stay in top.

Here are the laugh standings after eight weeks of oral arguments:

Justice Antonin Scalia: 29

Justice Stephen Breyer: 22

Chief Justice John Roberts: 20 (Not counting the laughs he may have received Tuesday)

Justice David Souter: 9

Justice Anthony Kennedy: 9

Justice John Paul Stevens: 6

Justice Samuel Alito: 2

Justice Ruth Bader Ginsburg: 1

Justice Clarence Thomas: 0 (Thomas hasn’t made a remark during oral arguments since Feb. 22, 2006).


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