Judge Posner Criticizes Justice Scalia

Highly regarded conservative Judge Richard A. Posner, of the 7th Circuit Court of Appeals, has taken Supreme Court Justice Antonin Scalia to task for his outspoken dissent in the Arizona immigration decision Monday – especially his singling out of President Obama’s suspension of deportation of young people.  Here is an except from Posner’s Slate article regarding Scalia.

“Justice Scalia says that it ‘boggles the mind’ to think that Arizona ” could not enforce parts of federal immigration law “that the president declines to enforce,” Posner wrote, adding that Scalia also said the federal government was “‘refus[ing] to enforce the nation’s immigration laws.’”

“These are fighting words,” Posner wrote, while “the nation is in the midst of a hard-fought presidential campaign” and “illegal immigration is a campaign issue.”

“The program that appalls Justice Scalia was announced almost two months after the oral argument in the Arizona case,” Posner notes. “It seems rather a belated development to figure in an opinion in that case.”



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