JUDGE POSNER ADMITS TO DECIDING CASES ON THE BASIS OF FAIRNESS, NOT LAW
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Poast new message in this thread
Date: September 15th, 2017 10:51 AM Author: dead soggy rehab
https://www.nytimes.com/2017/09/11/us/politics/judge-richard-posner-retirement.html
He called his approach to judging pragmatic. His critics called it lawless. “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34216937) |
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Date: September 15th, 2017 2:45 PM Author: spruce hyperactive hissy fit
Flame or not flame?
If not flame, that's largely what structured law is for.
It provides the rules for determining what's fair.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218727) |
Date: September 15th, 2017 10:53 AM Author: Chocolate boiling water
judges like this are why you settle litigation. i have appeared before this one federal judge where you can literally show them their own published cases saying "Point of Law X" on the exact same facts, sometimes with the exact same parties, and they will say "I think I'm going to rule Point of Law Not X because it feels right."
charlatans.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34216964) |
Date: September 15th, 2017 10:57 AM Author: Green titillating windowlicker
DESCRIBE the amount of projection in these statements:
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“I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”
The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
I asked him about his critics, and he said they fell into two camps.
***
He said he had less sympathy for the second camp. “There are others who are just, you know, reactionary beasts,” he said. “They’re reactionary beasts because they want to manipulate the statutes and the Constitution in their own way.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34217007) |
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Date: September 15th, 2017 2:36 PM Author: spruce hyperactive hissy fit
So let equity swallow it all?
Maybe.
But even the exercise of equity is (or at least should be) subject to principles of law.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218678) |
Date: September 15th, 2017 2:34 PM Author: anal parlour personal credit line
This "forget about the law" thinking is how you end up with rulings like the Title VII case where the Seventh Circuit said a law that explicitly bans gender and racial discrimination also implicitly bans discrimination based on sexual orientation, even though the law doesn't say anything about that.
Why even have a legislature if the judges are just going to do whatever they want, laws and Constitution be damned? If Posner's retirement means we get a new judge who will predictably and faithfully follow the law, then good riddance.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218667) |
Date: September 15th, 2017 2:37 PM Author: Provocative Fat Ankles
The "law" States that if your 6 year old son demands to be a girl you will have the state take him and feed him estrogen if you refuse.
Ljl at our "laws", what a joke.
I love reactionary dandies like this judge.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34218685) |
Date: September 15th, 2017 7:32 PM Author: bateful trailer park
imagine having a 7th cir argument in front of Posner or Easterbrook.
you'd tell your client, "look, they are going to ignore all the facts and law we've been arguing about for years. they're just going to do whatever they want. and there's a good chance they will trash me, trash opposing counsel, or both of us, just for fun."
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34220706) |
Date: September 15th, 2017 9:42 PM Author: spruce hyperactive hissy fit
Dear Posner,
Did anyone ever tell you that you think far too much of your legal writing abilities?
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34221233) |
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Date: September 16th, 2017 9:56 PM Author: spruce hyperactive hissy fit
The best legal writing has a strong, logical, well structured heart.
In addition to playing fast and loose with the facts, Posner sacrifices much of that in service to his goal of telling simple stories for the masses.
That's not a call for jargon or any such nonsense. Posner simply isn't as good a writer as some other notable judges, but Posner doesn't seem to understand that.
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226681) |
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Date: September 16th, 2017 10:09 PM Author: Aquamarine boltzmann filthpig
I'm partial to Friendly's method of writing opinions, but it is an acquired taste.
I'd rank Easterbrook over Posner on the Seventh Circuit. This includes both opinions and scholarship.
Some DC Cir. judges are good, but boring.
To name some ladies of the bar, I've been favorably impressed by King (5th Cir.) and Kearse (2d Cir.).
Did you ever try to read Posner's N.D. Il. damages opinions (he sought to sit by designation a few times)?
(http://www.autoadmit.com/thread.php?thread_id=3732746&forum_id=2#34226753) |
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