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- Justice Scalia may be waiting for another day to face off against Judge Richard Posner.
Within the federal judiciary, it’s never supposed to get personal, but there are times I don’t believe it.
One of those milestones was the ruling Sept. 4 by Judge Richard Posner, of the U.S. Court of Appeals for the Seventh Circuit, who eviscerated the Indiana and Wisconsin cases in such strong language that even a revanchist blowhard like Justice Antonin Scalia would be reluctant to grapple with his white hot logic.
Scalia clearly abhors the recent raft of appellate rulings favoring gay marriage, yet I wonder if he even voted to review them. I can see him making a calculated and personal decision to take on Posner another day, not this one.
