The New Republic

There are four of us [on the Court] from New York City. We have every borough covered except for Staten Island; we’re waiting for that Staten Island judge.

– Justice Elena Kagan, speaking last night with Leon Wieseltier of The New Republic for the seventh annual Yitzhak Rabin Memorial Lecture, “Law and Justice,” at the Sixth & I Historic Synagogue in Washington, D.C.

(Read more about Justice Kagan’s remarks, in which the former Harvard Law School dean called a certain T14 school a TTT, after the jump.)

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(And: Justice Kagan Disses A Top Law School)

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.)

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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.)

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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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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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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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I graduated from Northwestern Law in 2009. It is now 2011, my loans are coming due (real due — not the fake, put ‘em in forebearance, due of yesteryear), and I am currently “employed” doing two things: reviewing documents at an embarrassing hourly wage on projects that start and stop without any sort of consistency, and writing “jokes” about the Microsoft Zune every weekday morning, every other week. To borrow from David Foster Wallace, this is water.

And so it is with a sick sort of pleasure that I read Professor Paul Campos’s very interesting piece on The New Republic website yesterday. Coupled with Elie’s post on the Biglaw bloodletting, the article tells me what I’ve wanted to know and, in fact, what I’ve been telling my mom for two years now. Namely, that MJ was right. I am not alone.

What is the true state of unemployment for law school graduates? Professor Campos has crunched some numbers….

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