The most recent addition to the complete review is my review of Richard A. Posner's Reflections on Judging, forthcoming from Harvard University Press.
(For some reason, Posner is -- by far -- the author with the most non-fiction titles under review at the complete review -- eleven.)
In the book Posner sharply criticizes the Scalia-written majority decision in District of Columbia v. Heller, 554 U.S. 570 (2008), arguing that it is: "an example of motivated thinking" (rather than any sort of honest exercise in 'originalism' -- dubious though that might be, too). Given events in Washington DC yesterday (and throughout the United States, seemingly constantly), one can appreciate Posner's tremendous frustration with the current Supreme Court's far-fetched interpretation of the Second Amendment (and inconsistent one regarding states' rights) in this and other cases, as he suggests:
(For some reason, Posner is -- by far -- the author with the most non-fiction titles under review at the complete review -- eleven.)
In the book Posner sharply criticizes the Scalia-written majority decision in District of Columbia v. Heller, 554 U.S. 570 (2008), arguing that it is: "an example of motivated thinking" (rather than any sort of honest exercise in 'originalism' -- dubious though that might be, too). Given events in Washington DC yesterday (and throughout the United States, seemingly constantly), one can appreciate Posner's tremendous frustration with the current Supreme Court's far-fetched interpretation of the Second Amendment (and inconsistent one regarding states' rights) in this and other cases, as he suggests:
If ever there was a strong argument for states' rights, it is the argument for allowing states to determine rights of handgun ownership. Not only is there enormous cultural variance among states in attitudes towards guns, and no reason for national uniformity, but the diversity of state policies is a pre-condition for learning which policies are best. The states are indispensable laboratories for evidence-based solutions to the problems posed by widespread gun ownership and high levels of gun homicides, suicides, and accidental deaths.He's perhaps a bit overly optimistic -- given porous borders and the ease with which guns can be purchased in some states, as well as what has essentially amounted to a federal ban on gun violence research (research !) for decades now -- but he certainly nails Scalia on his inconsistency regarding his otherwise much-loved states' rights. Sad, however, that the consequences are so tragic (and so often repeated, with nary a lesson learnt from each instance).