The Danger Of Asking A Stupid Question

The biggest drunk driving case in history was argued yesterday when Exxon Mobil appeared before the U.S. Supreme Court to explain why it should not be required to pay $2.5 billion in punitive damages for causing the largest oil spill in American history. Chief Justice Roberts was clearly concerned about the amount of the award, even though (1) the punitive damages award had already been cut in half by a lower court, and (2) Exxon Mobil earned a record $40 billion in profits in 2006:

"So what can a corporation do to protect itself against punitive-damages awards such as this?" Roberts asked in court.

The lawyer arguing for the Alaska fishermen affected by the spill, Jeffrey Fisher, had an idea. "Well," he said, "it can hire fit and competent people."

The rare sound of laughter rippled through the august chamber. The chief justice did not look amused.

I guess Roberts should have read the briefs before asking such an idiotic question.

The bottom line here, of course, is that Exxon Mobil has already won because it has invested the amount of the award during the pendency of these appeals and has undoubtedly made far more off of its investments than it has lost in accumulated interest on the judgment.