CSNbbs

He called his approach to judging pragmatic. His critics called it lawless. “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “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?”

The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
https://www.nytimes.com/2017/09/11/us/po...ml?mcubz=0

(09-12-2017 12:12 PM)SuperFlyBCat Wrote: [ -> ]He called his approach to judging pragmatic. His critics called it lawless. “I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “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?”

The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”
https://www.nytimes.com/2017/09/11/us/po...ml?mcubz=0

Yes, he's awful but sadly law school professors treat him like a god.

Judges like that and people get up in arms when Trump pardons sherriff Joe? To flat out admit that you make your decisions with total disregard for the law, well, that's disheartening that he thought he was right to do it.