Counting to Five at One First Street

April 16th, 2013

Kudos to Charles Rothfield for pulling this off in Adoptive Couple v. Baby Girl (12-399).

MR. ROTHFELD: Absolutely not. And I — and I think I — I will try to agree with both Justice Breyer and Justice Ginsburg and Justice Scalia and say that -­

CHIEF JUSTICE ROBERTS: But not me, right? (Laughter.)

MR. ROTHFELD: And Justice Sotomayor. And always — always the Chief Justice.

JUSTICE SOTOMAYOR: You might just have to take -­

MR. ROTHFELD: Which gets me to five, so.

And once again, Justice Sotomayor’s attempt at humor falls flat.