When a man argues against two beautiful ladies like this, they are going to have the last word

Floyd's joke and the ensuing silence

On December 13, 1971, during oral arguments before the United States Supreme Court in the abortion rights case Roe v. Wade, Texas assistant attorney general Jay Floyd prefaced his remarks with a reference to his opposing counsel, Sarah Weddington and Linda Coffee: "It's an old joke, but when a man argues against two beautiful ladies like this, they are going to have the last word."[1] The joke was met with silence in the courtroom and, according to abortion rights lawyer Margie Pitts Hames, visible resentment from Chief Justice Warren E. Burger. Widely viewed as sexist[2] and often considered "the worst joke in legal history",[3] Floyd's attempt at humor has been cited by commentators including Justice Antonin Scalia as a cautionary tale about comedy in court.

Floyd did not recover from the faux pas and struggled in the rest of his remarks, twice being laughed at by the audience. Justice Harry Blackmun cited poor arguments by both Floyd and Weddington among his reasons for supporting an order to reargue the case the following term. On reargument, Floyd was replaced by his supervisor Robert C. Flowers. The court ultimately ruled in favor of plaintiff Jane Roe (Norma McCorvey), a landmark decision that established a right to an abortion. Roe was overturned in 2022 in Dobbs v. Jackson Women's Health Organization.

  1. ^ Cite error: The named reference quote was invoked but never defined (see the help page).
  2. ^ Cite error: The named reference sexist was invoked but never defined (see the help page).
  3. ^ Sant 2013. Runkle 2017. Sommerlad 2018. Seelye 2021. Andrews 2022, p. 83. Strauss 2022. NCC 2023.

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