By James Vicini
WASHINGTON, March 28 (Reuters) - U.S. Supreme Court Justice Antonin Scalia, known for quips during court sessions, on Wednesday managed to work into healthcare legal arguments a reference to a radio comedy routine by the late Jack Benny involving a mugger.
"Your money or your life," the mugger says to the notoriously penny-pinching Benny, who replies, "I'm thinking, I'm thinking."
"It's funny, because it's no choice," Scalia said to Paul Clement, the lawyer for the 26 U.S. states that challenged the healthcare law's expansion of the Medicaid program for the poor because they argue it coerces them to take part by threatening to withhold federal funds.
"You know? Your life? Again, it's just money. It's an easy choice. No coercion, right?" Scalia asked. "If the choice were your life or your wife's, that's a lot harder," he said. "Is it coercive in both situations?"
Clement, realizing that Scalia was trying to help him in his basic coercion argument, agreed and answered, "Well, yes. It is," triggering laughter in the courtroom.
Justice Anthony Kennedy interjected, "I thought you were going to say, 'This is your money and your life,'" triggering more laughter.
Justice Sonia Sotomayor picked up on the reference to Scalia's wife and quipped, "He's not going home tonight."
Chief Justice John Roberts tried to steer the conversation away from Scalia's wife Maureen - who attended an earlier session of the healthcare arguments - and made it clear he was done with the jokes.
"That's enough frivolity for a while," Roberts said.
Benny, who died in 1974, was a star of radio, TV and film best known for his shows running from the 1930s to the 1960s.
Scalia was also at the center of a humorous exchange on whether the entire law, totaling some 2,700 pages, must fall if the centerpiece insurance purchase requirement is struck down.
"You really want us to go through these 2,700 pages" to figure out what provisions must be struck down and what can be saved, Scalia asked the Obama administration's lawyer.
"And do you really expect the court to do that? Or do you expect us to give this function to our law clerks?" he asked.
Justice Elena Kagan referred to Scalia's judicial philosophy to look at and strictly adhere to the text of a law in deciding its meaning. "For some people, we look only at the text, it should be easy for Justice Scalia's clerks," Kagan said.
"I don't care whether it's easy for my clerks. I care whether it's easy for me," Scalia shot back, drawing more laughter. (Reporting By James Vicini; Editing by Howard Goller and Will Dunham)
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