Recently retired federal appeals court Judge Richard Posner said he rarely looked to legal rules when deciding cases and often sought to skirt Supreme Court precedent.
"I pay very little attention to legal rules, statutes, constitutional provisions," Posner told the New York Times in an interview published Monday. "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?"
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Posner is considered a legal genius by many. Sure sounds like a loose cannon to me. Can the average citizen ignore legal rules, statutes or constitutional provisions? I don't suggest it.
ReplyDeleteCan the average citizen ignore legal rules, statutes or constitutional provisions?
DeleteFat chance.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ... (Article VI, Section 2, U.S. Constitution)
ReplyDeleteJudges SHALL BE BOUND by the Law! No one is above the law! This judge and any judge should be removed and banned from the judiciary for such flagrant contempt of a court of LAW! --Ron W
He waited to retire to acknowledge his actions, tells us all.
DeleteEVERY SINGLE PERSON impacted by a Posner decision needs to file for a review citing this statement as proof they did not receive a 'fair trial'. If enough people did so the turmoil involved and the $$$ costs to rectify this abusive misconduct would cause the system to vapor lock.
ReplyDeleteYes.
DeleteUnfortunately there are more like him who are sitting judges. He's just one of a pervasive perversion of our Republic, especially by the federal judiciary. The idea that judges are independent is probably a big reason for this. Judges are NOT independent. They are BOUND BY THE LAW and accountable to the People. Lawbreakers in the judiciary should be treated as the common criminals they are except with more severe penalties since their actions have a greater deleterious effect on The lawful administration of justice.--Ron W
ReplyDeleteThey are BOUND BY THE LAW and accountable to the People
DeleteBut getting then prosecuted would be a problem.
Had I lost a case due to his ruling. I'd file an appeal over these admissions, that he did not follow the law. And decided cases based on personal bias. In truth, if there was integrity in the legal system. This admission would for a review of every case he decided. To see if the law was followed.
ReplyDeleteBadger
This admission would for a review of every case he decided. To see if the law was followed.
DeleteYes, put Mueller on them. :)
ReplyDelete"The opinion which gives to the judges the right to decide what laws are constitutional and what are not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch."....judges should be withdrawn from the bench whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or fortune; but it saves the Republic. . ." --Thomas Jefferson
"But getting them prosecuted would be a problem." --Brock
Yes, but I would settle for Jefferson's remedy of "withdrawal" or removal. I suppose the Constitution didn't have sufficient teeth to deal with such except by Congressional impeachment, but too many of their same mentality infest that body, and then there's the "party spirit" as well. --Ron W
Yes, but I would settle for Jefferson's remedy of "withdrawal" or removal. I suppose the Constitution didn't have sufficient teeth to deal with such except by Congressional impeachment
DeleteAgreed.