Justice Breyer Law Clerk Fail

October 10th, 2011

Looks like Justice Breyer’s law clerk wasn’t quite as astute as he or she should have bee in Hosanna-Tabor:

JUSTICE BREYER: Really? My law clerk couldn’t find it. Can you tell me where, where someone did say the reason we are dismissing you is because of our religious doctrine that you cannot bring civil suits?

MR. LAYCOCK: Page 55 of the joint appendix, which is the letter that — where they tell her that they are going to recommend recission of her call, they say because — because of insubordination, and because you threatened to sue us.