TexasDeac10
Alphonso Smith
In my very limited exposure to each, I feel like Posner is way smarter and better than Scalia and Thomas. Why is he slumming it on the Seventh Circuit while those two are in the SCOTUS?
Well, a couple things:
1) he's not exactly slumming it. The 7th Circuit commands a lot of respect (in part because of Posner, but also Easterbrook and sometimes Wood).
2) politics. Posner would never, ever, ever be approved by the senate. He's made it very clear that "doing law" to him means "doing policy," and it's not surprising then that his opinions often rely on economics and pragmatism. I don't think I'm wrong when I say that neither Democrats or Republics would want him as a judge.
Edit: I also wouldn't say Scalia's lacking in intellectual capacity... he's a pretty smart dude. He's just sly and dishonest sometimes, as well as loony in his old age. Some of the Breyer vs. Scalia and Scalia vs. Ginsburg battles are pretty epic. I'll give you Thomas though.
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