‘Downright Silly’ Hypos Missing From Breyer’s Final Argument

Justice Stephen Breyer’s last Supreme Court argument didn’t showcase the kinds of “downright silly” hypotheticals the 83-year-old jurist has been known for during his nearly three decades on the bench, but it did include some other classic Breyer questions.

Breyer will retire this summer, once the court issues all of its outstanding opinions. He will be replaced by his former clerk, Ketanji Brown Jackson.

“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Chief Justice John Roberts said in an emotional tribute at the closing of arguments Wednesday.

“This sitting alone has brought us radioactive muskrats and John the tiger man,” Roberts said to laughter, referring to hypotheticals Breyer made during the two weeks of arguments that the justices wrapped up.

In the Indian-law case, Breyer asked counsel to clarify his understanding of the case and admonishing the attorneys to tell him if he was getting it wrong. “Am I right or am I wrong,” Breyer said, echoing a phrase he’s repeated numerous times during his time on the bench in seeking clarity on his framing of the cases before him.

WATCH: Stephen Breyer, The King of Supreme Court Hypotheticals

He also chatted and laughed with his seatmate, Roberts, during several points in the argument—another frequent occurrence during the court’s sessions.

Joanna Breyer, the justice’s wife, was in attendance, along with a relatively large audience, despite restrictions on the number of spectators allowed in the courtroom during the pandemic.

The heated debate took almost twice as long as the one hour and ten minutes schedule for the argument.

Roberts also noted that the argument marked the 150th argument for Justice Department attorney Edwin Kneedler, who has the most arguments of any current advocate.

And though it wasn’t noted by the chief justice, it was also the last Supreme Court argument for longtime courtroom artist Art Lien, who has been covering the court since the 1970s.