During oral arguments this morning in Zubik, Justice Breyer engaged in a 49-line soliloquy about Quakers, St. Benedict, Jews, and Muslims. How that will guide him to resolving the case, I have no idea. But I’ll tell you–in the Court the question seemed to drag on for even longer.
The previous record (by my unscientific count) was 44-lines in Hosanna-Tabor, another religious liberty case. In Bond, he spoke for 38 lines uninterrupted. 36 Lines in FERC v. Electric Power Supply Association. He went 32 lines in Medtronic v. Boston Scientific Corp. He had 35 lines in EPA v. EME Homer. In Franchise Tax Bd. of Cal. v. Hyatt, Justice Breyer spoke had 34 lines. Alas, only 27 lines in Zivotofsky.