Once exchange that received a lot of attention from Tuesday’s Supreme Court session was between Solicitor General Donald Verrilli Jr., Justice Antonin Scalia, and Justice Elena Kagan.  The transcript available at Politico records the exchange as follows:

6 JUSTICE KAGAN: And this is especially true,

7 isn’t it, General -­

8 GENERAL VERRILLI: — because that’s the

9 judgment Congress has made.

10 JUSTICE KAGAN: — Verrilli, because in this

11 context, the subsidizers eventually become the

12 subsidized?

13 GENERAL VERRILLI: Well, that was the point

14 I was trying to make, Justice Kagan, that you’re young

15 and healthy one day, but you don’t stay that way. And

16 the — the system works over time. And so I just don’t

17 think it’s a fair characterization of it. And it does

18 get back to, I think — a problem I think is important

19 to understand -­

20 JUSTICE SCALIA: We’re not stupid. They’re

21 going to buy insurance later. They’re young and — and

22 need the money now.

“We’re not stupid” appears to be a rather harsh come back from Scalia, and perhaps even defensive or petulant.  The problem is, that is not what Scalia said.  A careful listening of the audio reveals that Scalia said “These people [the young and healthy] are not stupid.”   The Daily Caller, who has linked to the audio and originally repeated the same mistake (as evidenced by the URL of the Daily Caller link: “were-not-stupid/”,) has now corrected their transcript.  But a Google search of the past 24 hours (as of 9:30 AM Wednesday) returns 2,680 hits on “we’re not stupid” and only 103 on “people are not stupid“.)  Even Drudge as of this same time (see screenshot) still had “We’re not stupid…” linking to the Daily Caller story. This is a good example of how an urban legend can get started.  We’ll see how well the media does today in correcting themselves.

Jeryl Bier blogs at Speak With Authority

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