As evidenced yet again by this exchange from oral argument last month.

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MR. MILLER: No, I think they mean what a district judge honoring his Article III commission concludes after an intensive evaluation of the entirety of the complaint, looking for that strong inference, putting on his sort of motion to dismiss 12(b)(6) hat, says okay –

CHIEF JUSTICE ROBERTS: Just okay?

MR. MILLER: No, I did not mean that. Don’t take me literally on that. For heavens sakes, I’m from Brooklyn. I’m very colloquial. I’m very sorry about that.

JUSTICE SCALIA: Let me write that down. We should not take you literally. All right.

(Laughter.)

CHIEF JUSTICE ROBERTS: Okay, you two are even now.

Thx to Law.com

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