The Public Interest

Overcoming Posner

Jay P. Lefkowitz

Summer 1995

IN the post-Bork era, when a Supreme Court nominees . strength is often measured by the dearth of a “paper trail”— at least regarding sensitive subjects like abortion, homosexuality, racial quotas, and pornography—one might expect the Chief Judge of the United States Court of Appeals for the Seventh Circuit to be a circumspect writer. Not Richard A. Posner, the current occupant of that seat. Much to his credit, he is the most prolific writer within the federal judiciary. He is also one of the most influential, as well as controversial, scholars in American law today.

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