Anything is possible in a court of law, and the Supreme Court is no exception. David recounted arguing his first case there:
Chief Justice Stone stopped me in the course of my argument. I had said that the attorney general in the 1920s at the time had ruled one way, and that the courts had reversed his position. Chief Justice Stone said, “Mr. Kreeger, forgive the interruption, but I was the attorney general at that time.” Of course, I had known that, since the attorney general had been identified in the case. “I remember quite the contrary,” Chief Justice Stone continued. “I had ruled the opposite from the way you say I ruled, and the courts upheld me. They did not overrule me.” Well, this was one of my early cases and I had worked like a dog on every aspect of it. I’d read every opinion once and sometimes twice; I had briefed them. I had my notes all arranged, and I had the case so beautifully analyzed that I remembered almost every detail. Nonetheless, I had the temerity to say to the Chief Justice of the United States, “I beg your pardon, but my recollection is directly contrary to yours. The courts reversed you.” “I don’t agree,” he insisted, “but don’t let me stop you. Continue with your argument.” He asked his clerk for the volume containing the case while I went on with my argument. My heart sank, and I wondered, could I have been wrong on this? After a few minutes, Chief Justice Stone finished reading. He turned to me and said, “I want to interrupt you again, Mr. Kreeger, just to apologize. You were right and I was wrong.” That was very heartening. He was a fine, fair man, Chief Justice Harlan Fiske Stone. I really enjoyed arguing before him.
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