Bench Memos

Re: Judge Posner’s Dog Ate His Homework

I entirely concur in Matt’s assessment of Judge Posner’s appalling performance at oral argument last week on Notre Dame’s challenge to the HHS mandate. I’ll add that it was particularly outrageous that Posner told Notre Dame’s attorney, Matthew Kairis, to “stop babbling.” I think that anyone who listens to ten or so minutes of the audio (I listened to the first 45 or so) will recognize that Posner should have aimed that directive at himself.  

By contrast—especially in the face of Posner’s abusive conduct—Kairis’s presentation struck me as clear and concise and impressive.


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