Breyer Brotherly Love At One First Street

December 10th, 2013

Justice Stephen Breyer’s brother, Charles Breyer, is a district court judge in the Northern District of California. Today, both brothers got supreme shoutouts in Mayorkas v. Cuellar de Osorio in a sharp colloquy with Mark C. Fleming.

JUSTICE BREYER: All right. Imagine Steven is a citizen. His brother Charles is not. So under 4 — and Charles has a son Joseph who is not. That will help you think about it. All right. So we’re under F4. Steven files a petition, the beneficiary is Charles. Charles has a minor son Joseph. Visa is granted, et cetera, for -­ not visa, you know, he’s given — everything is in order and now Charles has to wait about ten years or so. By the time he gets — at the time his number becomes namely for Charles, at that moment, we calculate Joseph’s age and it’s 24. All right. So your idea is that Charles is current. Everything is fine. He goes to the port or the office, wherever he’s supposed to go, and he brings Joseph with him. At that point, Joseph, since he’s no longer a child, has to come in under another category, and that category is going to be, I guess, 2B because Charles will be now — and Joseph will be unmarried over , right? Am I right so far?

MR. MITCHELL: I’m NOT comfortable referring to Your Honor by your first name or your brother by his first name.


“NOT” was capitalized in the original. Is that the Court reporters way of adding accents. No exclamation marks though.

Breyer responded in good spirits.

JUSTICE BREYER: This is an imaginary — he spells it with a V.

That’s not Stephen. It’s Steven!

Update: And that would be Mark Fleming, not Jonathan Mitchell who argued in the EPA case, who made the quip about the Brothers Bryer. Typo.