Tuesday, March 30, 2010

Judges Acting Like Academics

Over at Concurring Opinions, Lawrence Cunningham has a nice post about the Supreme Court's unanimous  vacating the 7th Circuit's ruling in Jones v. Harris. The Court expressly rebuked Judges Easterbrook, who wrote the majority opinion, and Posner, who dissented, for holding an academic debate about the economic wisdom of the statute they were supposed to be applying, not judging: "The debate between the Seventh Circuit panel and the dissent from the denial of rehearing regarding today's mutual fund market is a matter for Congress, not the courts."

No comments:

Post a Comment

I actively moderate comments for spam, advertisements, and abusive or offensive language.