Posner's perfidy: Worthy no more
Ronald Reagan surely is turning in his grave. That's who appointed Judge Richard Posner to the 7th U.S. Circuit Court of Appeals, based in Chicago, in 1981. It's the same Judge Posner who, 35 years later, is failing the wisdom test — and abysmally so. Why else would he rip the Constitution he supposedly serves?
Here's what Posner wrote in a recent commentary for Slate:
“I see absolutely no value to a judge spending decades, years, months, weeks, day(s), hours, minutes or seconds studying the Constitution, the history of its enactment, its amendments and its implementation (across 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.”
Posner swore an oath to faithfully and impartially discharge and perform all the duties incumbent upon him under the Constitution and the laws of the United States. But how can he do that as he openly encourages ignorance of our national charter and, by extension, the Constitution's timeless and principled underpinnings?
Simply put, he cannot. For this is an irreconcilable conflict. And a judge so conflicted no longer should be a judge.