The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike
Breyer, 83, was at it once again Tuesday, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”
Breyer once granted an interview to The Associated Press in which he acknowledged that his questions sometimes stretch the bounds of credulity.“The point is to try to focus on a matter that is worrying me. Sometimes it’s easier to do that with an example,” he said in 2008. Brinkmann's comment prompted Justice Elena Kagan to observe: “You know, it’s not always the case, Ms. Brinkmann, that a lawyer responds to one of Justice Breyer’s hypotheticals by saying that’s really helpful.”
In March arguments about arbitration, Breyer said, “Now suppose instead of saying you can’t arbitrate it, what they do — and this is ridiculous, but you’ll see why I do it this way for simplification — they put a spider next to it, and there’s a rule saying you can’t ever arbitrate anything with a spider, OK?”
, the justices were unmasked. The lone exception was Justice Sonia Sotomayor, a diabetic since childhood, who has consistently worn a mask in court. Everyone else in the courtroom was required to wear masks, but lawyers removed theirs when they made their arguments.while hearing arguments in cases
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