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Posner is so famous and respected and such a polymath that his absence from the Supreme Court is conspicuous. Does anyone know why he's never been nominated?

by gruseom 14y ago

reader5000 14y ago
Probably because at the times vacancies have existed he was not the strategically optimal candidate in the President's political maneuvering?
tptacek 14y ago
Two big reasons: (1) he's not doctrinaire enough for either party (as a shorthand: Obama can't assure supporters Posner would uphold Roe, and Romney can't assure supporters he won't), and (2) at 73, he's way too old; nominating Posner is like giving the next sitting opposition President an extra nominee. Did you ever read the Becker-Posner blog?
- gruseom 14y ago
  Of course, he wasn't always old :) But probably always volatile. Amusing to imagine a senate confirmation hearing with a nominee who's ok with selling babies and LSD (per dpatru's comment). I haven't read their blog – should I?
dpatru 14y ago
"Posner's most significant contribution has been in law and economics, the influential legal movement he practically created. (...) Looking at the world through a strictly economic lens, he writes with a refreshing, parsimonious intensity. He also, occasionally, produces outrageous conclusions, such as his contention in a 1999 article in the literary journal Raritan that the rule of law is an accidental and readily dispensable element of our legal ideology, and his argument in favor of buying and selling babies on the free market in lieu of government-regulated adoption. Add his advocacy of legal marijuana and LSD, and it is clear that Posner -- despite his obvious brilliance -- will never sit on the U.S. Supreme Court." - Robert S. Boynton, The Washington Post (20/1/2002) from http://www.complete-review.com/authors/posner.htm http://www.complete-review.com/authors/posner.htm. I've also read that Posner was deemed too old by either Clinton or Bush. Presidents want to have a lasting influence on the Court.
spikels 14y ago
My understanding is that back in the 80s & 90s when he was being considered for the Supreme Court he was repeatedly blocked by Joe Biden then chair or ranking minority member on the Judiciary Committee. Not sure of the exact issue that drove this.
- gruseom 14y ago
  I remember a curious remark Biden made in an interview (probably during the 2008 campaign, but I forget). The interviewer asked him what he had learned from his years on the Judiciary Committee. Biden answered that he'd learned that ideology matters, and went on to explain that during his early years he thought it most important to pick the most generally qualified candidate and trust them, but later had realized that was wrong: you needed to pick someone who would reliably vote your way. I've long forgotten everything else about the interview, but that remark stuck in my head. If true, it would explain why he would block Posner.

Posner is so famous and respected and such a polymath that his absence from the Supreme Court is conspicuous. Does anyone know why he's never been nominated?

by gruseom 14y ago

Posner is so famous and respected and such a polymath that his absence from the Supreme Court is conspicuous. Does anyone know why he's never been nominated?

reader5000 14y ago

Probably because at the times vacancies have existed he was not the strategically optimal candidate in the President's political maneuvering?

tptacek 14y ago

Two big reasons: (1) he's not doctrinaire enough for either party (as a shorthand: Obama can't assure supporters Posner would uphold Roe, and Romney can't assure supporters he won't), and (2) at 73, he's way too old; nominating Posner is like giving the next sitting opposition President an extra nominee. Did you ever read the Becker-Posner blog?

gruseom 14y ago
Of course, he wasn't always old :) But probably always volatile. Amusing to imagine a senate confirmation hearing with a nominee who's ok with selling babies and LSD (per dpatru's comment). I haven't read their blog – should I?

dpatru 14y ago

"Posner's most significant contribution has been in law and economics, the influential legal movement he practically created. (...) Looking at the world through a strictly economic lens, he writes with a refreshing, parsimonious intensity. He also, occasionally, produces outrageous conclusions, such as his contention in a 1999 article in the literary journal Raritan that the rule of law is an accidental and readily dispensable element of our legal ideology, and his argument in favor of buying and selling babies on the free market in lieu of government-regulated adoption. Add his advocacy of legal marijuana and LSD, and it is clear that Posner -- despite his obvious brilliance -- will never sit on the U.S. Supreme Court." - Robert S. Boynton, The Washington Post (20/1/2002) from http://www.complete-review.com/authors/posner.htm http://www.complete-review.com/authors/posner.htm. I've also read that Posner was deemed too old by either Clinton or Bush. Presidents want to have a lasting influence on the Court.

spikels 14y ago

My understanding is that back in the 80s & 90s when he was being considered for the Supreme Court he was repeatedly blocked by Joe Biden then chair or ranking minority member on the Judiciary Committee. Not sure of the exact issue that drove this.

gruseom 14y ago
I remember a curious remark Biden made in an interview (probably during the 2008 campaign, but I forget). The interviewer asked him what he had learned from his years on the Judiciary Committee. Biden answered that he'd learned that ideology matters, and went on to explain that during his early years he thought it most important to pick the most generally qualified candidate and trust them, but later had realized that was wrong: you needed to pick someone who would reliably vote your way. I've long forgotten everything else about the interview, but that remark stuck in my head. If true, it would explain why he would block Posner.