When Chief Justice today stopped Mr. Olson today from getting into the 'Merits' of the prop 8 case being heard in front of the SCOTUS, he said, "Mr. Olson, I cut off your friend before he could get into the merits, so I think it only fair.....I think it only fair to treat you the same."
I've listened to Chief John Roberts reply multiple times and I believe he was about to use the word 'equally' rather than 'same' which I find incredibly ironic here.
Mr. Olson probably missed the greatest chance to make a point by not responding to this judgement of equal treatment.
If only Mr. Olson would have been quicker and replied with something akin to, 'It's good to know you appreciate equality your honor, seeing as equality is the reason I am here today.'
What ifs aren't productive, but. "What if..."