LaughterGate Update: The Transcripts Have Been *Changed*

December 4th, 2013

On the First Monday in October, I blogged about what has become known as LaughterGate. There were laughs in the Supreme Court chamber, but none in the transcript.

This hilarious line about a bird or fish got no laughter? Impossible!

JUSTICE BREYER: It’s pretty universal he’s not an employee under ADEA, though he might be under GERA. You have to say yes or no, because if you’re going to say — I mean, you know, let’s either do it or not do it. If you — if you want to leave this issue in the case, it’s possible to argue we should decide this whole issue on the ground that although he’s not really a bird, he’s a fish or whatever. But I mean, this is supposed to be fairly realistic, I think, what we’re supposed to do.

The indefatigable Michelle Olsen wrote to Alderson Reporting, and they said there were no changes in policy.

Now, mysteriously, two months later the transcripts have been updated, Michelle reports.

The bird, fish line now reads:

JUSTICE BREYER: It’s pretty universal he’s not an employee under ADEA, though he might be under GERA. You have to say yes or no because, if you’re going to say — I mean, you know, let’s either do it or not do it. If you — if you want to leave this issue in the case, it’s possible to argue we should decide this whole issue on the ground that, although he’s not really a bird, he’s a fish or whatever.

(Laughter.)

Boom.

SCOTUSHumor has updated the scores.

Interestingly, when first released, the transcripts say, “Subject to Review.” But now they say, “Subject to Final Review.”

I’m glad the transcripts were updated. Though, I feel slightly guilty if our shenanigans made someone listen to the recording a second time to enter a [laughter] for bad jokes.