Justices Breyer and Scalia went at it today during oral arguments in Horne v. Flores.
Scene: Justice Breyer brings up a set of statistics from the record.
JUSTICE SCALIA: Excuse me. I am not following this exchange because I don’t understand whether the — the statewide percentage is the statewide percentage of English learners or the statewide percentage of all students.
MR. [KENNETH] STARR: Here is — and I think we can cut to — I’m sorry.
JUSTICE SCALIA: If you can’t answer that, I think Justice Breyer can. But I would like to know what comparison —
JUSTICE BREYER: He doesn’t actually have the right to ask me questions.
JUSTICE SCALIA: I don’t. That’s — that’s exactly true. But —
CHIEF JUSTICE ROBERTS: Very much true. Counsel, why don’t you try and answer?