The last honest conservative: Meet the brilliant Ronald Reagan appointee making Antonin Scalia’s lif

[DonViejo]

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

ERIC J. SEGALL

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.

more
http://www.salon.com/2014/09/02/the_last_honest_conservative_meet_the_brilliant_ronald_reagan_appointee_making_antonin_scalias_life_very_difficult/

[freshwest]

1. K&R

[Grey]

2. K&R

[lark]

3. Wow, I didn't think there were any of these left.

So used to the lying, self serving corporatist that cal themselves conservatives and are really nothing but facists by a different name.

[NewJeffCT]

4. The few "honest" conservatives out there

are either ignored by the media, or else derided as RINOs or Liberals

[Chan790]

5. Posner's interesting.

One of the few conservative federal judges who doesn't start in-awe of the conservative bloc on SCOTUS. There are two factors there that allow him that don't-give-a-shit attitude.

1.) If you read his blog, although he's staunchly conservative, he's not prone to buying the BS of Scalia or Thomas who he feels he is clearly smarter than and a better judge. He has a bit more respect for Kennedy and Roberts who he feels, like him, value the law above ideology. If he's ever written anything nice about Samuel Alito, I missed it. He's implied twice that Alito is too driven by emotion and seeking outcomes he wants to serve as a Justice.

2.) He's not posturing or auditioning for anything. There's nowhere left to go in his career. He's too old to get appointed to SCOTUS, he has no interest in running for office, he's one of the foremost legal minds, legal bloggers, and law professors in the nation. He's at the pinnacle of his career.