WHO knew? Thank God there are some well placed judges who understand justice is not determined by the masses. From +Salon .....
Tuesday, Sep 2, 2014 05:17 PM EST
Tuesday, Sep 2, 2014 05:17 PM EST
The last honest conservative: Meet the brilliant Ronald Reagan appointee making Antonin Scalia’s life very difficult
On three high-profile cases bound for the Supreme Court, Judge Richard Posner has seen through right-wing blather
Judge Richard Posner has written nearly 40 books, hundreds of articles and thousands of judicial opinions. He is, by far, the most cited
legal scholar alive today (probably ever). Nominated by Ronald Reagan,
he sits on the United States Court of Appeals, just below the Supreme
Court. He has publicly feuded
with Justice Antonin Scalia over how judges actually decide, and should
decide, cases. And, over the last year, he has spoken truth to power in
three high-profile cases all likely to be decided by the Supreme Court.
On issues of abortion, same-sex marriage and religious objections to Obamacare, Posner said exactly what needed to be said with honest, unequivocal and, to some perhaps, startling clarity.
The University of Notre Dame didn’t want to provide certain forms of required contraception to its students and employees so it went to court seeking a religious exemption. The bizarre thing about the case is Notre Dame was already exempt. What it wanted was not to fill out the form that would have guaranteed the university an exemption. Notre Dame claimed, to most people’s disbelief, that filling out the short form and asking for the exemption was itself a substantial burden on its religious exercise.
Posner would have none of it. At the oral argument, he took a harsh tone with the lawyer for Notre Dame who refused again and again to answer directly how filling out a piece of paper could possibly be a “substantial burden on religion.” Becoming more and more frustrated, Posner eventually asked the lawyer to “stop babbling,” and “stop fencing,” eventually warning him that “if you don’t cooperate with me, I’m not going to let you continue your argument.” The judge’s frustration stemmed from his perception that Notre Dame’s claims had no merit, and the lawyer was simply bobbing and weaving.
On issues of abortion, same-sex marriage and religious objections to Obamacare, Posner said exactly what needed to be said with honest, unequivocal and, to some perhaps, startling clarity.
The University of Notre Dame didn’t want to provide certain forms of required contraception to its students and employees so it went to court seeking a religious exemption. The bizarre thing about the case is Notre Dame was already exempt. What it wanted was not to fill out the form that would have guaranteed the university an exemption. Notre Dame claimed, to most people’s disbelief, that filling out the short form and asking for the exemption was itself a substantial burden on its religious exercise.
Posner would have none of it. At the oral argument, he took a harsh tone with the lawyer for Notre Dame who refused again and again to answer directly how filling out a piece of paper could possibly be a “substantial burden on religion.” Becoming more and more frustrated, Posner eventually asked the lawyer to “stop babbling,” and “stop fencing,” eventually warning him that “if you don’t cooperate with me, I’m not going to let you continue your argument.” The judge’s frustration stemmed from his perception that Notre Dame’s claims had no merit, and the lawyer was simply bobbing and weaving.
Eric Segall is the Kathy & Lawrence Ashe Professor
of Law at Georgia State University College of Law. He is the author of
"Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices
are Not Judges" and has written numerous law review articles on
constitutional law and other legal topics. He appears regularly on
"StandUp With Pete Dominic" on XM Radio and tweets at @espinsegall.
More Eric J. Segall.
More Eric J. Segall.
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