An amazing thing happened at the Supreme Court yesterday. A plaintiff’s attorney insulted a Justice.

This kind of thing never happens at SCOTUS. The perpetrator was storied liberal Harvard Law professor Arthur Miller, and the startled victim was conservative Justice Antonin Scalia. The case is Tellabs v. Makor.

Longtime Harvard law professor Arthur Miller, rarely at a loss for words himself, was arguing on behalf of shareholders who want to sue companies for fraud.

Scalia clearly was on the side of the companies, chiming in from time to time to make Miller’s difficult task a bit harder.

After one remark, Miller let loose: “Is that because you never met a plaintiff you really liked?”

There was laughter and an “ooh” from spectators. Justices
Stephen Breyer and Clarence Thomas laughed for several seconds, even after arguments resumed.

Really an amazing occurrence at the stuffy Supreme Court, but perhaps we should not be surprised about what always happens when liberals are losing an argument: resort to personal attacks.

By Scalia soon extracted his pound of flesh.

Scalia soon had his say. When Miller urged Chief Justice John Roberts not to take him literally, Scalia cut in.

“Let me write that down. We should not take you literally,” Scalia said.

“OK, you two are even now,” [Chief Justice John] Roberts said.

See more here.

[tags]antonin+scalia, Arthur+Miller, supreme+court, scotus[/tags]