I’ve mostly stayed out of the Posner v. Scalia spat involving alleged misrepresentations in the new Scalia/Garner book. The devil is in the details in this sort of disagreement, and I don’t have the book to know what Scalia & Garner say in order to know if Posner’s criticisms are accurate. But over at Walsh’s Law, lawprof Kevin C. Walsh takes a look at one of the alleged examples and reprints all the relevant texts. The case happens to be a favorite of mine, so I thought I would blog about it. I share Kevin’s conclusion that Scalia & Garner were fair in their description of this case, while Posner was not fair in his critique.
Posner's losing it. sad.