"I certainly don't want people who are over the age of 82", Breyer said.
The Supreme Court case is about whether an older employee of a government department has been discriminated against because of her age. Get all the news you need in your inbox each morning.
The courtroom interrupted him with laughter, according to a transcript of the questioning.
At one point during the oral arguments on Wednesday, Roberts asked Babb's attorney, Roman Martinez, in a hypothetical, whether using "OK, boomer" would count as age discrimination against older employees if age was viewed as a "motivating factor" in a decision.
"Well, if the speech in the workplace ... calling someone "Boomer" or saying unflattering things about them in age, when considering them for a position, then yes of course", he said, according to CNN.
Roberts pressed on. "So calling somebody a "Boomer" and considering them for a position would be actionable?" he asked.
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"Martinez: "If the decision makers are sitting around the table and saying", We have candidate A who is 35 years old "and" we have candidate B who is 55 years old and who is a boomer "- and is probably exhausted and you know, don't you have a lot of computer skills, i think that would be absolutely doable.
Fair enough. Although when that boomer who you hired over a Supreme Court ruling manages to download a computer virus on their very first day on the job, in that instance, a well deserved "OK boomer" is probably more than warranted.
The 64-year-old justice is himself a member of the baby-boomer generation, a term referring to people born between 1946 and 1964.
© Mark Humphrey, AP FILE - In this February 6, 2019 file photo, Supreme Court Chief Justice John Roberts answers questions during an appearance at Belmont University in Nashville, Tenn.
The case revolves around whether federal workers can claim age bias under the Age Discrimination in Employment Act of 1967.
A decision in Babb v. Wilkie, 18-882, is expected by June.
However, Roberts expressed concern that this interpretation of the law was too broad, and could simply amount to "regulation of speech in the workplace".