Breyer to Scalia: Anything You Can Do, I Can Do Better

October 31st, 2011

This funny interchange from Lafler v. Cooper:

JUSTICE BREYER: If he rejects it, there is no plea agreement. Now the defendant must plead. He can plead guilty or not guilty. And whatever flows fromthat, flows from that.

MS. NEWMAN: That’s also a perfectly acceptable — that’s also a perfectly acceptable remedy. The purpose — the reason -JUSTICE

SCALIA: Wait. Both can’t be perfect. Either he has another trial, although he’s just been found guilty by a jury of 12, with an entirely fair proceeding or else he doesn’t have a new trial.

JUSTICE BREYER: His suggestion is perfect but mine is more perfect.

(Laughter. )


(Laughter. )