When we last looked in on Supreme Court justice Antonin Scalia and federal appellate judge Richard Posner, they were insulting each other. That continues.
In a recent post, I focused on Posner’s review in the New Republic of a new book Scalia cowrote with Bryan Garner: Reading Law: The Interpretation of Legal Text. The book champions Scalia’s favored approach to interpreting law—textual originalism. And it offers 57 “canons of construction”—principles that should guide judges as they do their interpreting. Posner was not impressed.