You say O’Connor, I say Ginsburg

Even the most seasoned Supreme Court litigator can misspeak when standing in front of the nine justices at oral argument.

carterphillipsToday at the Supreme Court, Carter G. Phillips, who has argued before the high court more than five dozen times during his tenure both at the Justice Department and at Sidley Austin, had a little trouble keeping the justices straight.

While discussing a concurrence written by Justice Sandra Day O’Connor in an employment discrimination case, Phillips said: “Justice Ginsburg provides the formulation that the lower courts can use to try to provide some kind of a jury instruction.”

Justice Ruth Bader Ginsburg, hearing the mistake, corrected Phillips.

“Justice O’Connor,” Ginsburg said.

“Did I say Ginsburg?” Phillips asked.

“Yes,” Ginsburg replied, as member of the audience began to laugh.

“I’m going to hear about this one,” Phillips said. “I apologize.”

A little later, Phillips slipped again. After a lengthy exchange with Justice Stephen Breyer, Phillips addressed him as “Justice Ginsburg.”

The next question was posed by Justice Ginsburg. In that instance, Phillips addressed her correctly.

The transcript for that case, Gross v. FBL Financial Services, can be found here.


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