Tom Goldstein and Justice Breyer had a few comedic exchanges today during oral arguments in Sorrell v. IMS Health (Instant analysis here).
In particular, I found this rapport a bit snarky:
JUSTICE BREYER: That’s where I was going.
MR. GOLDSTEIN: Okay.
JUSTICE BREYER: I chose an example that’s beyond your case.
MR. GOLDSTEIN: That’s why it’s called a hypothetical.
Justice Breyer seemed to get a little testy later in the arguments, and quipped whether a regulated industry can even exist. Goldstein took it in stride.
JUSTICE BREYER: It used to be true there was something called a regulated industry.
MR. GOLDSTEIN: Yes.
JUSTICE BREYER: And selling was within activity among many.
MR. GOLDSTEIN: Sure.
JUSTICE BREYER: And there were lots of regulations that could be imposed upon selling.
MR. GOLDSTEIN: Sure, right.
JUSTICE BREYER: Are you saying that all those should be reexamined?
MR. GOLDSTEIN: I — I thankfully am not.
Goldstein also received (at my count) two applause lines for jokes he made.