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Judge Posner retiring September 2 (tomorrow)


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#1 skinnyb82

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Posted 01 September 2017 - 04:33 PM

Love him, hate him, or something in between, Judge Posner will be retiring effective tomorrow, Saturday, September 2. It's my understanding that he intends on remaining on U of C faculty, not taking senior status but stepping aside completely. http://chicagolawbul...tirement-9-1-1751e8c63ef649eaca35646e3232171572.jpg Sent from my VS987 using Tapatalk
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#2 Molly B.

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Posted 01 September 2017 - 05:00 PM

Wow, judicial changes, legislative changes, I don't remember so many changes coming at once like this. 

I'm not sure I'll recognize the landscape in these here parts!


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#3 lockman

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Posted 01 September 2017 - 05:09 PM

I hope Trump picks a great one for the seat.


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#4 THE KING

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Posted 01 September 2017 - 05:15 PM

Hopefully a couple of SCOTUS Justices follow suit.

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#5 45 whit

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Posted 01 September 2017 - 05:28 PM

^^^ That would be great..



#6 C0untZer0

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Posted 01 September 2017 - 08:35 PM

His opinion in Moore v Madigan will have a lasting impact:

 

To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald
this case, like Heller and McDonald is just about self-defense.
 
The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside.
 
What does it mean to bear arms if there's no right to carry arms in a public place?
You don't bear arms in your house, you don't march around with a gun over your shoulder right?

 

 


Mayor Bloomberg himself has recently turned his attention from oversize soft drinks to gun control, confirming the tendency of the Progressive to go from nanny to tyrant.
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#7 skinnyb82

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Posted 02 September 2017 - 06:03 AM

His opinion in Moore v Madigan will have a lasting impact
It's bittersweet. On one hand, he tossed his own personal beliefs to the side and interpreted Heller the way it was intended. On the other are his...not so great votes in cases such as Culp, Horsley, ACLU v. Alvarez, Skoien, etc. I still respect the man even when I don't agree with him. Sent from my VS987 using Tapatalk
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#8 Black Flag

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Posted 02 September 2017 - 02:34 PM

His cat told him it was time.


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#9 Sigma

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Posted 02 September 2017 - 03:09 PM

After reading his opinion and how simple he made his findings you really have to wonder how any lower judge could have ever gotten it wrong


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#10 Mr. Fife

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Posted 03 September 2017 - 06:01 PM

On one hand, he tossed his own personal beliefs to the side and interpreted Heller the way it was intended. On the other are his...not so great votes in cases such as Culp, Horsley, ACLU v. Alvarez, Skoien, etc.
Even a stopped clock sometimes gets it right. Don't let the chamber door hit you on the way out.

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#11 skinnyb82

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Posted 06 September 2017 - 06:31 AM

After reading his opinion and how simple he made his findings you really have to wonder how any lower judge could have ever gotten it wrong

I think it's also good to note that Posner HATES guns with a passion. That's why he isn't on the Supreme Court...he wasn't, and still isn't a reliable conservative vote so Reagan put him on CA7. If it were up to him, and thank God it isn't, the "militia" would not be the people but the NG or some other form of reservist branch of the military. It shouldn't be surprising that he sees it that way, given that he was raised by a far-left mother who was a communist or communist sympathizer. heck, he once gave his train set to the children of Julius and Ethel Rosenberg after they were executed for treason. He doesn't believe it's an individual right, but he recognized that he was bound by Heller. And he got into it with Scalia over his opinion in Heller. That's why I respect the man. Deeply, and I mean deeply held personal beliefs about guns tossed to the side.

I've also seen his holdings as a district court judge (sitting by designation) overturned by the Seventh Circuit. Even worse, the panel holding that the district judge (Posner) made an error and not one of the innocent variety. That's entertaining.

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#12 C0untZer0

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Posted 06 September 2017 - 07:18 AM

He may not have liked guns but I think that Posner recognized apart from Heller that the Second Amendment protected the right to carry a gun because Posner's opinion on what it means to bear arms didn't come straight from Heller, he could have simply quoted Heller on that matter but instead he said:

 

The Second Amendment states in its entirety that “a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (emphasis added). The right to “bear” as distinct from the right to “keep” arms is unlikely to refer to the home. To speak of “bearing” arms within one's home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home.

And one doesn't have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home. Suppose one lived in what was then the wild west—the Ohio Valley for example (for until the Louisiana Purchase the Mississippi River was the western boundary of the United States), where there were hostile Indians. One would need from time to time to leave one's home to obtain supplies from the nearest trading post, and en route one would be as much (probably more) at risk if unarmed as one would be in one's home unarmed. 

 

 

 

In my opinion, this is Posner interpreting the Constitution (correctly) apart from Heller and McDonald.


Mayor Bloomberg himself has recently turned his attention from oversize soft drinks to gun control, confirming the tendency of the Progressive to go from nanny to tyrant.
- N. A. Halkides -
 

 


#13 skinnyb82

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Posted 21 September 2017 - 05:21 PM

Take a look at this. Posner decided to publish a new book. Here's what someone over at CA3blog thinks about it. http://ca3blog.com/j...want-it-anyway/ Sent from my VS987 using Tapatalk
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#14 Mr. Fife

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Posted 21 September 2017 - 05:46 PM

Link doesn't work for me

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#15 Mr. Fife

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Posted 21 September 2017 - 05:49 PM

https://goo.gl/C998r1

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#16 chislinger

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Posted 21 September 2017 - 08:56 PM

Wow, I was wondering if Posner had gone cuckoo when he said that studying the Constitution was a waste of time and maybe he did.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams




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