Mark the date: Justice Breyer drops a hypothetical

November 2nd, 2010

Justice Breyer’s┬ánever-ending hypothetical ends in Staub v. Proctor.

MR. DAVIS: I have listened to the hypothetical long enough that I have lost track of who made the decision to fire him.

JUSTICE BREYER: I feel I’m going to get nowhere pursuing this hypothetical further. So I will drop it and say –

MR. DAVIS: Thank you.