Justice Breyer Not Selected for Jury

All I can say is, "Whoa."

I found this via Magic Cookie - who came very close to sitting on a jury with Justice Breyer.

I can imagine that this could create the potential for a lot of complications. Do you think that if you were on a jury with Justice Breyer, when you started deliberating, you would just turn to him and say "Well?" I mean, either you figure he's probably going to be right or you figure that if he doesn't agree with the verdict he can just get some of his buddies to overturn it later.

Do you think the lawyers and the judge would be on their best behavior? Do you think the case would be more or less likely to be granted cert? If, for example, you weren't very familiar with a Justice's positions, do you think reasonable voir dire questions might include, "What are your hobbies? Do you read any magazines? Do you more often overturn convictions or uphold them?"

The Justice Breyer thing aside, chickenmagazine gives a great summary of her experience as a juror. (And she aquitted! Way to go!)


  1. Hey, thanks! Yes, I think the jury would have absolutely turned to Justice Breyer as soon as we got back in that room. And I'm sure he would have encouraged us all to say what we thought first. But I bet he would know the definition of assault (and understand the concept of reasonable doubt)!

  2. Heh that's kinda cool. I lived in DC for six years and there are so few actual DC residents (as opposed to people with reciprocity from their home district) that being a lawyer is not an automatic get out of jury duty card.

  3. I think the more interesting question is: who struck him and was he challenged for cause or peremptorily?

    I gotta tell you, (and I've tried a decent number of cases) I’m not at all certain I’d strike him—maybe if it was a DC jury, in which case you can do a lot better…

    But if you were picking a jury in Manhattan, for example, or even in Virginia or MD, as wealthy white guys go, he might well be a keeper.