It was one of the more unusual moments the Supreme Court bench has seen in recent memory. Justice Samuel Alito, reading from the majority opinion in an asylum case Thursday, appeared to directly rebut Justice Sonia Sotomayor — who had written the dissent — in real time, from the bench. By Friday, the court was calling the whole thing a misunderstanding.
The exchange drew attention because justices don’t typically address each other’s opinions aloud during the announcement of decisions. Alito wrote the majority opinion; Sotomayor wrote the dissent. What happened between them Thursday was enough to prompt the court to issue a clarifying statement the following day.
The exchange
Details of exactly what Alito said — and how directly it was aimed at Sotomayor’s dissent — weren’t spelled out in the court’s Friday statement. The court characterized it as a misunderstanding. No further explanation was offered.
What isn’t in dispute: the moment was flagged as highly unusual. Justices occasionally note disagreements in written opinions, sometimes sharply. Doing it out loud, on the bench, in front of the public gallery, is a different matter — and rare enough that it drew immediate notice.
The underlying case involved asylum law. Alito’s majority opinion carried the court. Sotomayor’s dissent opposed it. Whether the Friday statement resolved any tension between the two justices, or simply put the episode on record as a miscommunication, the court didn’t say.
