Justice Breyer is such a LawProf: Answer my hypo!

February 26th, 2013

I have had this exchange with so many students after I pose a hypothetical. The correct answer is never “I don’t have all the facts.”

JUSTICE BREYER: Does he win or lose?

MR. READLER: He likely — he may well lose.

JUSTICE BREYER: What do you think?

MR. READLER: He may well lose at the Schlup stage.

JUSTICE BREYER: I didn’t ask that. I said what do you think.

MR. READLER: Well, I don’t have all the facts, I suspect he’s going to lose.

JUSTICE BREYER: Yes, you do. I made up the hypothetical. (Laughter.)