I have previously discussed the legendary career of Judge Richard Posner of the United States Supreme Court. Widely viewed as the father of Law and Economics, Posner remains one of greatest influences on American jurisprudence in the history of this country. I have long been a great admirer of his work and teach his theories as part of my torts course. It is for that reason that I was delighted when my co-counsel sent me the interview below where Judge Posner expressed support for the proposal that I have advanced for many years to reform the Supreme Court. Posner agrees with the proposal to expand the Supreme Court to nineteen members.
Congress
Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps
Below is my column in the Hill newspaper on how critics of Donald Trump have been calling for radical extensions or interpretations of criminal provisions against core figures. The implications for such interpretations of crimes like treason need to be considered by critics.
The Media Rorschach Test And The Russian Meeting
Below is my most recent column in the Hill Newspaper on the latest round of predictions of possible criminal charges against the Trump family.
Printing The Legend: The Growing Gap Between Comey’s Image and Actions
Below is my column in the Hill Newspaper on the curious coverage surrounding James Comey and his leaking of his memos on meetings with President Donald Trump. With the confirmation hearings of Comey’s replacement, Chris Wray, today, the status of the memos may come up in the Senate.
Here is the column:
Posner: All Judges Should Be Required To Retire At 80
Judge Richard Posner may have just announced his own impending retirement from the United States Court of Appeals for the Seventh Circuit. Posner is arguing that federal judges should be subject to a mandatory retirement age of “probably 80.” The legendary jurist and writer is 78 years old. The interview may also add fuel to calls for Supreme Court justices to accept retirement. Ruth Bader Ginsburg is 84. Anthony Kennedy is 80. Stephen Breyer is 78.
Did Trump Officials Try To Coerce The Morning Joe Hosts With A National Enquirer Threat? [UPDATED]
In the aftermath of the vicious tweets against MSNBC hosts Joe Scarborough and Mika Brzezinski, there was an intriguing allegation that three top Trump Administration officials called Joe Scarborough and threatened that, if he did not call Trump to apologize for his negative comments, the National Enquirer would run a hit piece on the hosts. The allegation is deeply troubling and, while it would not necessarily constitute a crime, it would raise a serious question of abuse of office in the use of staff to convey such an alleged threat. With all of the understandable passion following the tweets. this is a very significant allegation and one that was not previously disclosed. It has not appeared in both print and on air by the hosts, who are obviously sticking by this chilling account of what they say was a campaign to intimidate them. The White House has denied the allegations and said that Scarborough has misrepresented his call to the White House.
Members of Congress Demand Ginsburg Recuse Herself From Immigration Appeal In Light Of Past Trump Comments
A letter from fifty-eight Republican lawmakers calls upon Justice Ruth Bader Ginsburg to recuse herself in the travel ban case scheduled to be argued in October. While there is a fair chance that the case could be moot by October as I previously discussed, a recusal is highly unlikely despite that fact that Ginsburg’s comments were highly inappropriate and troubling. I have been a long critic of Ginsburg’s public speeches and comments as raising serious ethical issues and undermining the integrity of the Court. However, the Court has long declared itself outside of the enforcement of the Code of Judicial Ethics. The result is a dreadful record of self-regulation and Ginsburg is only the latest disturbing example. Ironically, while the media has rightfully raised inappropriate public comments about Trump, it has shown little interest in the inappropriate comments of Ginsburg.
