A Near Record-Breaking Breyer Page in McDonnell v. U.S.

April 27th, 2016

During oral arguments in McDonnell v. U.S., Justice Breyer nearly broke his own record with a 51-line Breyer page. Well technically, it was 40 consecutive lines. Then Michael Dreeben interjected “So–” Breyer continued with another 11 lines. I’m not sure how to count it. But in any event, it is still less than his 52-line soliloquy in U.S. v. Texas.

Update: On lines 12-13 of p. 33, I think there may be a typo. Justice Breyer likely meant “knotty” problem, rather than “naughty” problem. Although SGB”s hypos can sometimes be rather anughty. H/T Andrew Joseph on FB.



I was in the Court for his 49 lines in Zubik v. Burwell. There were 44 lines in Hosannah-Tabor. 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.