In the light of the evolving standards of decency, somehow we at the Supreme Court, we Harvard and Yale lawyers, we somehow can perceive these evolving standards of decency because we learned all this stuff at Harvard Law School.
- Antonin Scalia, Constitutional Law, Harvard Law School, Quote of the Day, SCOTUS, Supreme Court, Yale Law School
- Alex Kozinski, Conferences / Symposia, Constitutional Law, Federal Judges, Federalist Society, Videos, YouTube
If you’re trapped in the office on this Friday after Thanksgiving — or, just as bad, stuck at a distant relative’s house with nothing to do — Professor Hadley Arkes of Amherst College and Chief Judge Alex Kozinski of the Ninth Circuit are here to help.
Last weekend, at the National Lawyers Convention of the Federalist Society, Professor Arkes and Chief Judge Kozinski debated whether natural law should inform constitutional law. Let’s check out their most interesting debate….
- Antonin Scalia, Constitutional Law, Federalist Society, Law Schools, Quote of the Day, SCOTUS, Supreme Court
Congress has its job and we have ours…. They can’t tell us to set aside rules of logic!
– Justice Antonin Scalia, speaking over the weekend at the National Lawyers Convention of the Federalist Society. He was responding to a question as to whether Congress could pass laws dictating how judges interpret the law.
(Additional highlights from Justice Scalia’s speech, after the jump.)
- Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Federalist Society, J. Harvie Wilkinson III, Law Professors, Law Schools, Orin Kerr, Richard Posner, SCOTUS, Supreme Court
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….
- Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Quote of the Day, Reader Polls, Richard Posner, SCOTUS, Supreme Court
Responding to a Supreme Court Justice who calls one a liar requires special care in expression.
(More about this tiff, which we’ve been covering quite closely here at Above the Law, after the jump.)
- Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Federalist Society, Richard Posner, SCOTUS, Supreme Court
I’m not going to get into this whole thing written for a glossy magazine.
(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.)
- Antonin Scalia, Benchslaps, Books, California, Constitutional Law, Federal Judges, Federalist Society, Richard Posner, SCOTUS, Supreme Court
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).
Now Justice Scalia has broken his silence. And His Honor seems none too happy with Judge Posner’s book reviewing skills….
- Antonin Scalia, Benchslaps, Books, Clerkships, Constitutional Law, Federal Judges, Feeder Judges, Richard Posner, SCOTUS, Supreme Court, Supreme Court Clerks
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….
- Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Feeder Judges, Richard Posner, SCOTUS, Supreme Court
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?
In case you’re wondering, there was no major news out of the U.S. Supreme Court this morning. Our friends at SCOTUSblog predict that opinions in the marquee cases, such as the Arizona immigration case and the health care reform case (aka Obamacare), will be issued next week. (Above the Law’s own Supreme Court correspondent, Matt Kaiser, should have a more detailed write-up of this morning’s proceedings later today.)