Retrospective On Richard Posner, An Above The Law All Star

So, what does it take to be an Above the Law All Star? The blog has long been a fan of the federal judiciary. The combination of legal minds and lifetime tenure has always been heady, and following their foibles and decisions is more than a pastime for us — it’s a living.

But the now-retired Seventh Circuit Judge Richard Posner has always been special. Sure, he’s an accomplished jurist and author — but so are lots of judges. It’s the… shall we say, flair of Judge Posner that makes him an All Star.

Like adding his personal list of favorite gay people in a concurrence, that was… interesting. But really where he shined was in not suffering fools — he’s the king of the benchslaps. Though he’s a conservative appointed to the bench by Ronald Reagan, he’s been happy to call out Mike Pence (over Syrian refugees), Antonin Scalia (over gay marriage), and Republicans, generally (on abortion). Though it isn’t just the GOP that’s gotten a taste of the good judge’s sharp tongue, law professors, trial judges, his colleagues on the bench, pro se defendants, Biglaw attorneys, a woman in a banana suit, and the legal profession have found themselves in his crosshairs.

He’s demonstrated a truly admirable lack of f*cks to give.

He’s also willing to punch up. During his tenure on the Seventh Circuit he’s also proven utterly unafraid of the Supreme Court. Like, remember the time he argued with another federal judge over the a mandatory retirement age for federal judges? When Judge Jed Rakoff suggested some Supreme Court justices did excellent work past Posner’s imposed age limit, well, Posner had a retort. And it included some pretty harsh words for the current justices:

If I may tune in, briefly, Blackmun, Stevens, and Souter were not giants. Nor was Brennan, although he was both able and influential, as indeed was Stevens—until he wrote a ridiculous opinion in Clinton v. Jones. Anyone think there’s a giant or giantess on the Supreme Court today?

….

There are loads of persons capable of distinction as Supreme Court justices; no need for octogenarians.

You can read all about the hubbub here.

He’s also taken shots at the writing quality of the Court:

The only two justices who are qualified are Ginsburg and Breyer. Their opinions are readable, and sometimes quite eloquent. The others, I wouldn’t waste my time reading their opinions.

Not a big fan of argle-bargle, huh?

There was, naturally, a good deal of dustup over these comments. But even his clarification — which you can read in full — didn’t back away from the fundamental premise, that the Court is jacked:

I know I said some harsh things in my bookstore talk about the Supreme Court and the Justices. I stand by all that. I think the Court is at a nadir. I don’t think it’s well managed and I don’t think the Justices are doing a good job.

The Seventh Circuit is entering a new, post-Posner era. While the jurisprudence may still be good, they’ll definitely be missing Posner’s style points.

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Kathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).