This has implications that go far beyond the judiciary. The only reason for not tarring and feathering any government official for effrontery when they tell us what to do is that their power to do so is somehow legitimate. But that legitimacy comes from the exercise of constitutional power. If the Constitution doesn’t mean anything, well, then, maybe it’s time to go long on pitchforks. Because without the Constitution the angry mob is just as legitimate as the perfumed princes of the state.
Here is Josh Blackman’s take down of Posner.
Posner should resign or be impeached; he’s violating his oath of office (which demands he follow the constitution).
I happen to support gay marriage, but IMHO the issue itself is irrelevant here; it’s Posner’s admission of disregard of the constitution that demands his removal from office.
Seconded.
The only difference between Posner and the average judge is that he is smart enough to know he just follows his whims and arrogant enough to boast of it in public.
So he is like an atheist who quotes scripture to support his positions.
There are more than a few judges that seem to be little more than failed lawyers with sufficient political connections to get appointed or elected to the bench.
If Judge Posner believes the Constitution isn’t valid, then his job – as specified under Article 3 – is also invalid. And so is the rest of the government. Without the Constitution, the government has no legitimacy.