Who is the Funniest Supreme Court Justice?

Research by Prof. Jay D. Wexler (Boston University) reveals that the funniest justice on the United State Supreme Court during the last term of the Court is Antonin Scalia.   Prof. Wexler’s work is summarized in Adam Liptak, So, Guy Walks Up to the Bar, and Scalia Says…, NY Times, Dec. 31, 2005.  Here are some of his other findings:

Transcripts of oral arguments at the United States Supreme Court have long featured the notation “[laughter]” after a successful quip from a justice or lawyer. But until October 2004, justices were not identified by name, making it impossible to construct a reliable index of judicial wit. * * *

Justice Scalia was the funniest justice, at 77 “laughing episodes.” On average, he was good for slightly more than one laugh – 1.027, to be precise – per argument.

Justice Stephen G. Breyer was next, at 45 laughs. Justice Ginsburg produced but four laughs. Justice Clarence Thomas, who rarely speaks during arguments, gave rise to no laughter at all. * * *

Professor Wexler concedes that his methodology is imperfect. The court reporters who insert the notations may, for instance, be unreliable or biased.

The simple notation “[laughter]” does not, moreover, distinguish between “a series of small chuckles” and “a joke that brought the house down.” Nor, Professor Wexler said, does it separate “the genuine laughter brought about by truly funny or clever humor and the anxious kind of laughter that arises when one feels nervous or uncomfortable or just plain scared for the nation’s future.”