Did Justice Scalia Steal A Sotomayor Laugh Line While Remaining Silent?

March 18th, 2013

I think so in 12-71. Arizona v. Inter Tribal Council of Ariz. Inc;

JUSTICE SOTOMAYOR: Some of us have — do believe in legislative history. Some of my colleagues don’t.

MR. HORNE: Yes, Your Honor.

JUSTICE SOTOMAYOR: All right. But at least one of -­ (Laughter.)

JUSTICE SOTOMAYOR: Did he point to himself?

Looks like Nino pointed to himself when Sotomayor said “at least one of…”

This should be a laugh line scored for Scalia, not Sotomayor.

Later, Scalia added:

JUSTICE SCALIA: Gee, if I believed — if I believed in legislative history, I would find that very persuasive. (Laughter.)