During arguments this week in Bell v. Kelly, Justice Scalia chided Richard Bress for not including a particular part of the statute in his briefs to the court. Unfortunately, Bress had included the statutes in his briefs, an oversight Justice Scalia apologized for as oral arguments wound down:

JUSTICE SCALIA: Mr. Bress, I want to apologize to you for accusing you of not printing 2254(d) and (e) in your brief. You indeed did.
MR. BRESS: Well, thank you, Your Honor. I thought —
JUSTICE SCALIA: I’m grateful for your not throwing it in my teeth.

More on the event here.


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