Judge Posner Schools Colleagues On Marriage, Basic Logic

Judge Posner sounds exacerbated by his colleagues in this benchslap from a recent dissent.

But if the marriage wasn’t a sham, it must have been in good faith. For what would a bad-faith marriage that was not a sham be?

— Judge Richard Posner, in a dissent that reads like an LSAT logic puzzle. Judge Posner, already salty from his run-in with a pro se litigant, ripped his colleagues for denying an immigrant’s appeal on the grounds that his marriage was not in “good faith,” even though there was no finding below that the marriage was a sham to evade immigration laws. A perceptibly incredulous Judge Posner accused his Seventh Circuit colleagues of “confus[ing] a failed marriage with a fraudulent one.” That would make almost every Vegas wedding a lie… which is probably fair.

(For the full context, you can find the complete opinion below. Judge Posner’s dissent, which also rips into the immigrant’s lawyer, begins on page 15.)

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