Deputy Solicitor General Gregory Garre is the latest advocate to get Justices Antonin Scalia and Samuel Alito Jr. mixed up during oral argument. It happened Monday during arguments in Sprint/United Management Co. v. Mendelsohn, testing the use of "me too" evidence in employment discrimination cases.
Garre, arguing for the government on the side of the employee, was in a colloquy with Scalia when Alito chimed in with a question: "How do you articulate the rule that separates these situations?" Garre's reply, according to page 24 of the transcript, was, "Well, I would point to several criteria, Justice Scalia, in determining relevance." Neither justice corrected Garre. Garre declined comment on the episode.
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