Things must be slow at the Yale Law Journal. In an article in that august publication's on-line version, Jay Wexler reports that he has "calculated the number of times during the 2004-05 Term of the Supreme Court of the United States that each Justice said something that caused enough chuckling in the courtroom to inspire the Court Reporter to insert the notation “(Laughter)” into the transcript."
In summary, the three funniest justices, based upon audience reaction, are Justice Scalia (54 laughs/term), Justice Breyer (30) and my personal favorite, the new Chief Justice, John Roberts who finishes his first complete term in third place (19).
I doubt any of them will be subbing for Jay Leno anytime soon.
My favorite part of Wexler's piece is this quote:
Although the Court Reporter continues generally to use the phrase “(Laughter)” to indicate courtroom hilarity, this past March the Reporter suddenly started to vary the formulation. Following a wisecrack from Justice Roberts in an argument on March 19, the transcript reads “(A little laughter.).” A week later, the courtroom apparently experienced “(Some laughter.)” after a joke from Scalia. What’s next? “(Knee-slapping guffaws)”? “(Some peeing in pants)”? The Reporter’s actions would appear to be a direct response to the study, which complained that the transcript “does not distinguish between types of laughter, either in terms of duration or intensity.” It may seem a small change, but for those who care deeply about Supreme Court humor, the importance of the Reporter’s innovation cannot be overstated.
It just reinforces the importance of making an accurate record.
Hat tip to Glenn Reynolds.
1 comment:
Interesting to know.
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