Judicial activism is a true concern in today’s America. Judges feel entitled to also be legislator and attempt to use their decisions to write new laws from the bench. But, one federal judge took it way too far and wrote an outrageous op-ed about our Constitution.
Richard Posner is a judge on the United States Court of Appeals for the Seventh Circuit in Chicago. He was appointed to this bench by Ronald Reagan in 1981, but he has long since distanced himself from the GOP and has become quite liberal. As a federal judge, he will remain on the bench as long as he wants since it is a lifetime appointment.
Judge Posner’s Op-Ed for Slate aren’t the words you would expect to come from someone whose career revolves around the Constitution. He no longer believes in the Constitution and thinks it should be scrapped entirely.
“And on another note about academia and practical law, I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today. David Strauss is right: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about.
In short, let’s not let the dead bury the living.”
If he doesn’t believe the Constitution is worth the paper it is written on, why doesn’t he resign? It seems that he doesn’t value his career choice. Perhaps he should quit and do pro bono work for ambulance chasers.
“I regard the posthumous encomia for Scalia as absurd. Especially those of Harvard Law School Dean Martha Minow and Justice Elena Kagan.”
This man has no class at all. His comments are not becoming of a federal judge and he should resign. He is no longer qualified to uphold the Constitution since he doesn’t believe in it. Good riddance!
Please share this if you believe Judge Posner should resign!