Benchslaps

This past Wednesday, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit delivered the Madison Lecture on Judicial Engagement at Columbia Law School. The lecture series, sponsored by the CLS chapter of the Federalist Society, brings distinguished jurists to Columbia to discuss topics relevant to the federal judiciary and the administration of justice.

(Perhaps we should put “at” Columbia Law in quotation marks; Judge Posner actually appeared via video conference. That shouldn’t surprise, coming from a judge who lists The Matrix as one of his favorite films.)

In his talk, entitled “How I Interpret Statutes and the Constitution,” Judge Posner was his usual candid self. He offered commentary on two recent books about statutory and constitutional interpretation — books that he’s not a fan of.

Yes, readers. There will be benchslaps….

double red triangle arrows Continue reading “Judge Posner on Statutory Interpretation: This Is How We Do It”

* Now they’re telling people NOT to go the highest-ranked law school possible? Does not compute… [The Careerist]

* If Thelma and Louise had made it to their 70′s, they might look like this. By that I mean, running men over with their car for insurance money. [FindLaw]

* “Hello, 911? Someone stole all my marijuana plants. Mm-hmm, yes, yes I do. You’ll send an officer over to help? Great, thank you!” [The Consumerist]

* Buying a judge a bottle of wine and offering to settle your dispute privately doesn’t mean what this lawyer thought it meant. What does it actually mean? Sanctions. [South Florida Lawyer]

* The overall SCOTUS docket is decreasing in size, but the number of IP cases is going up. I am smartphone, hear me roar. [SCOTUSblog]

Justice Scalia (left) and Judge Posner

Responding to a Supreme Court Justice who calls one a liar requires special care in expression.

– Judge Richard Posner, in a cover email introducing his written response to Justice Antonin Scalia’s recent “You lie!” accusation.

(More about this tiff, which we’ve been covering quite closely here at Above the Law, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: A Time-Out in Posner v. Scalia?”

Mawwiage. Mawwiage is what bwings us together todaaay.

Today we have news about the marriage of a lawyerly power couple, or at least news about the charred, tattered remnants of what the marriage once was. This extraordinarily dysfunctional ex-couple got chastised by a judge for nuking not only their sacred union but most of their considerable wealth in the process.

We know all’s fair in love and war. I guess that includes seppuku, but I’m not sure it’s really the most effective strategy…

double red triangle arrows Continue reading “Abandon The Wedding Ship — And Then Set Fire to the Lifeboats!”

Justice Scalia (left) and Judge Posner

I’m not going to get into this whole thing written for a glossy magazine.

– Justice Antonin Scalia, responding to a question about his thoughts on Judge Richard Posner’s somewhat critical review, in the New Republic, of the justice’s new book, Reading Law (affiliate link).

(We attended Scalia’s talk, which took place this afternoon and was sponsored by the New York City Lawyers Chapter of the Federalist Society. Additional highlights from the eminently quotable justice’s remarks, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: The New Republic Isn’t That Glossy….”

Justice Scalia (left) and Judge Posner

Over the past few months, Justice Antonin Scalia and Judge Richard Posner have been trading benchslaps. The most recent clash got going a few weeks ago, when Judge Posner wrote a harsh review for the New Republic of Justice Scalia and Bryan Garner’s new book, Reading Law (affiliate link).

Scalia surrogates rushed to the justice’s defense. One of his former clerks, Ed Whelan, wrote a series of posts for the National Review’s Bench Memos blog in which he criticized the Posner review. Justice Scalia’s co-author, Professor Garner, also responded forcefully to Judge Posner (who in turn responded to Garner, again in the New Republic).

But the justice himself remained silent on all of this. When we reached out to both judges about the apparent tiff, Judge Posner denied any personal animosity, but Justice Scalia declined to comment.

Now Justice Scalia has broken his silence. And His Honor seems none too happy with Judge Posner’s book reviewing skills….

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Judge Stephen Reinhardt (left) and Judge Robert Jones

Will 2012 go down as the Summer of Feuding Judges? Over the past few months, we’ve been covering the feud in print between Judge Richard Posner and Justice Antonin Scalia.

And yesterday we wrote about the harsh smackdown by Judge Stephen Reinhardt (9th Cir.) of Chief Judge Robert C. Jones (D. Nevada). Today we’ve got Jones’s rebuttal, which is just as heated. It’s unusual to see a lower-court judge criticizing a judge higher up in the judicial hierarchy, but reverse benchslaps do happen.

How does Judge Jones feel about being called unacceptably arrogant? Let’s just say he responded in kind…

double red triangle arrows Continue reading “Benchslap of the Day: The District Court Strikes Back”

Left to right: Bryan Garner, Antonin Scalia, and Richard Posner

The jurisprudential wrestling match between Justice Antonin Scalia and Judge Richard Posner is quickly turning into a WWE tag team battle royal. Tagging in to help Justice Scalia: Bryan Garner, one of the foremost authorities on legal writing and legal language. Professor Garner, of course, is Justice Scalia’s co-author on Reading Law (affiliate link).

Professor Garner is not happy with Judge Posner’s treatment of the book. Let’s hear what he has to say — and also speculate on how the Posner/Scalia tiff might affect Posner’s feeding of law clerks to Scalia….

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Judge Reinhardt and me, perfect together.

Such arrogance and assumption of power by one individual is not acceptable in our judicial system.

– Judge Stephen Reinhardt, concurring, in Townley v. Miller. A Ninth Circuit panel stayed a district court’s preliminary injunction order in a case involving Nevada’s “none of these candidates” ballot option.

(More about this interesting and politically charged case, after the jump.)

double red triangle arrows Continue reading “Benchslap of the Day: Trust Judge Reinhardt, He’s An Expert”

Justice Scalia (left) and Judge Posner

In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.

And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”

Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?

I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?

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