That’s a lengthy opening from a cold bench. Respondent only got in 100 words.
Plus there was one funny moment during Orin’s argument:
JUSTICE SCALIA: There was still not the argument you should overrule the prior case, period, with no effort to show why you could come out that way without overruling the prior cases. I just don’t know –
MR.KERR: Those arguments, I agree, Justice Scalia, are rare. At the same time they are important arguments. It is an — it is an alternative argument –
JUSTICE SCALIA: I’m saying they’re nonexistent. I’m not saying they’re rare.
CHIEF JUSTICE ROBERTS: The difference between zero and remote.