Skip to comments.The Story Of Why One Of America's Most Renowned Judges Is Feuding With Antonin Scalia
Posted on 07/02/2014 12:09:22 PM PDT by PoloSec
A federal appeals judge harshly criticized U.S. Supreme Court Justice Antonin Scalia during a recent interview with lawyer and author Joel Cohen, published by the American Bar Association.
Richard Posner, a renowned judge on the U.S. Court of Appeals for the Seventh Circuit in Chicago, spoke about his "frayed" friendship with Scalia and an ongoing feud between them.
On the topic of how he reacts to criticism from other judges, Posner said he didn't let it bother him when Scalia called him a liar for criticizing his 2012 book "Reading Law: The Interpretation of Legal Texts."
"He's excitable and prone to anger," Posner said of Scalia's reaction to his book review, which was published in New Republic under the title "The Incoherence of Antonin Scalia." Posner told Cohen the magazine's editors picked the "adversarial" title without his knowledge, although he accepted responsibility for it. Posner had this to say in defense of his book review:
He [Scalia] writes a book about judicial interpretation. His book has errors. I connect that in part to the fact that in the front of the book there are acknowledgments of assistance from more than 90 people, including a number of law students. My guess is that much of the book was written by research assistants and was not adequately checked. I'm not saying the authors are bad people that they're greedy or that they're lying. I'm saying that it's an inaccurate book.
Cohen asked if he was concerned his writings could influence Scalia's views when reviewing Posner's legal decisions in court. Posner said he doubted that, since Scalia just affirmed a decision a few weeks ago that Posner had written.
"I imagine he has a bad opinion of me, but I wouldn't expect that to affect his decisions,
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Ummm, the Supreme Court justices supervise Circuit Court judges. Many of us here aren’t in love with our bosses. Do they teach civics in school anymore?
Posner and Scalia's feud is largely based on some conflicting core beliefs about judging, according to FedSoc Blog. Posner emphasizes the importance of making pragmatic legal opinions that apply to the real world and criticizes Scalia for following legal text too closely while neglecting practical consequences.
Scalia is a proponent of the originalism method for judging cases, based on the view that the Constitution should be interpreted according to its original meaning at the time of enactment. "I ... disagree with Justice Scalia's philosophy of originalism," Posner said in the interview.
Between those two philosophies, one makes a lot more sense to me. As in 'words have meanings' and the meanings of words in laws and constitutions should remain precisely the same as when they were adopted. If a change is needed, it should be made by the legislative or amendment process and not imposed by judges.
Lawyers are PAID to lie... thats what they do..
It was impossible to leave some subjective words out.
A$$hat Posner reeks of social justice interpretations. He has to be a fan of at least Justice Kagan.
I find the headline to be backward. Justice Antonin Scalia is much more renowned that some lower court functionary.
Posner is something of a jerk at times. He is pro-abortion, pro-drugs, anti-privacy, and sees or saw hyperlinks to newspaper stories as violations of copyright.
“He clerked for (far left liberal) Justice William J. Brennan, then he went on to work in the Office of the Solicitor General in the U.S. Department of Justice, under (far left liberal) Solicitor General Thurgood Marshall.”
“Today, although generally viewed as to the right in academia, Posner’s pragmatism, his qualified moral relativism and moral skepticism, and his affection for the thought of Friedrich Nietzsche set him apart from most American conservatives. As a judge, Posner’s rulings have always placed him on the moderate-to-liberal wing of the Republican Party, where he has become more isolated over time.”
Oh my goodness! Oh, Oh, Oh. Stop the presses. Did I read that right? Scalia must be quaking in his boots because a judge, not just any judge, but a “RENOWNED” judge, is feuding with him. Well Scalia might as well just pack it in now. What chance does a Supreme Court Justice have with feuding against the “RENOWNED” Richard Posner. I don’t know how Scalia can go on another day, another hour, or another minute. The “RENOWNED” Posner is feuding with him.
Posner is an out and out socialist lib appointed by Jimmah Carter and is constantly praised by the lib main stream media,