Scalia Apologizes for Wrongly Scolding Lawyer over Missing Statute
A lawyer wrongly scolded in oral arguments by Justice Antonin Scalia for not listing a statute’s text in his brief got an apology by the end of the hour.
Lawyer Richard Bress was arguing on behalf of a death row inmate claiming the courts improperly weighed his claim of ineffective assistance when Scalia interrupted, Law.com reports. The publication said the conversation proceeded this way:
“Mr. Bress, this case involves Section 2254(d), right? Does that appear somewhere in the briefs? It would be nice to have it in front of me,” Scalia said.
“Yes, Your Honor,” Bress replied.
“I mean, it’s a central thing the case is about. I cannot find it in any of the briefs,” Scalia said. “Don’t you think it’s important enough to be in your brief?”
Law.com reports there was a moment of “awkward silence” before Bress simply continued with his argument. By the end of the session, Scalia had figured out that the brief did contain the statute and he apologized. “I’m grateful for your not throwing it in my teeth,” Scalia said.
