Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.


A 27-Line Breyer Page in Zivotofsky v. Kerry

November 14th, 2014

We experienced a Breyer page–where Justice Breyer speaks uninterrupted for an entire page–in Zivotofsky v. Kerry. This Breyer page stretched across three pages, for a total of 27 lines. Note that there is not a single question, let alone a question mark, anywhere in the Breyer page.



See previous Breyer pages in EPA v. EME Homer, Medtronic v. Boston Scientific Corp (32 lines), and Bond v. United States (38 lines).

Breyer Page in Noel Canning: All Footnotes

June 26th, 2014

While Justice Breyer has been known to monopolize oral arguments, by asking questions (if you can call them questions) that span an entire page (or more) in the transcript. I call these Breyer Pages. I didn’t think it would be possible to find a Breyer Page in an opinion. But Noel Canning happened.

Enter page 54 of Justice Breyer’s majority opinion in NLRB v. Noel Canning, which is ALL FOOTNOTES. The ultimate Breyer Page.


Visualizing the Breyer Pages

April 11th, 2014

Here are the oral arguments in Koontz visualized. See how long Breyer talks uninterrupted.


H/T Patrick Ellis

Near-Breyer Page, Accentuated By Breyer Laughter

December 10th, 2013

From oral argument in EPA v. EME Homer City Generation, L.P., we have a near-Breyer page, accentuated by his own joke.

JUSTICE BREYER: Why is it wrong? That is, I focused on your argument here in the briefs, which is very clear and very good. And — and the example that comes to my mind is we have an overgrazing problem in State A. All right? It’s caused because cows come in from State B and sheep come in from State C. The cow men and the sheep men are in different States. They’re not friends. (Laughter.)

But in conjunction with the next page, we have 35 lines of uninterrupted SGB. Poor Peter Keisler (who I’m sure watched today’s Senate Confirmation vote), began his response, “I’ll try to respond to that–that fully, Justice Breyer.”





Breyer Page in Medtronic, and “Skip” the Hypothetical

November 6th, 2013

In Medtronic Inc. v. Boston Scientific Corp., we had another Breyer Page. This one only went on 32 lines (it spilled over to the next page). The Breyer Page in Bond was 38 lines.


And, after a lengthy hypo, Breyer seemed to sense the lawyer lost him. Hilarity ensued:

JUSTICE BREYER: You could have brought — are you following me?

MR. NEUSTADT: No, I’m afraid not.

JUSTICE BREYER: Okay. Skip it. (Laughter.)

H/T Greg Dolin