Recent Unsent E-mails from Antonin Scalia to Richard Posner, as Retrieved from Justice Scalia’s “Deleted E-Mail” Files

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8 Responses

  1. Kyle, this is brilliant. We know that Scalia does write letters to the Washington Post, which he shoves in the drawer. Also, there was just a tad of Scalia flair in Garner’s response to Posner. i would not be surprised if the Justice was involved.

  2. Shag from Brookline says:

    The brilliance of Scalia and Garner was the market-timing for publication as the ACA decision was coming down. Alas, perhaps they couldn’t throw in an Epilog about CJ Roberts’ decision as violative of their text’s foundations. But that may be in the next edition. Judge Posner might respond to Josh by suggesting that Scalia should have shoved some of his opinions in that same drawer – or elsewhere.

  3. Always nice to see that Supreme Court Justice are people too. They put their pants on one leg at a time and heap disingenuous praise just like the rest of us.

  4. AndyK says:


  5. Kyle says:

    On the evening of September 7, I fixed a typo in the third e-mail.

    For those of you who don’t know — it’s a pretty obscure reference — Bill Stern was a sportswriter who rarely let inconvenient facts, or a lack thereof, get in the way of a good story. (He was quite good at telling stories, though.) And the cases related by Scalia are, of course, matters in which the United States Supreme Court reversed Judge Posner. But you all probably knew that already.

  6. Shag from Brookline says:

    Justice Scalia’s famous drawer may be a potential Mt. Etna. I’m wondering if it includes an unsent Email responding to my DeNovo comment some years back concerning VP Cheney:


    In that duck blind
    Lady Justice unveils
    Her traditional blindfold
    For these bonding males:
    Scalia and Cheney,
    Shotguns at attack,
    Taking aim at Justice,

    Posted by: Shag from Brookline at March 23, 2004 07:28 AM”

  7. BobN says:

    Imagining Scalia making a spot-on reference to Dane Cook got me going

  8. waynegparker says:

    People forget that people in the government are people too. They make mistakes, and deal with things just like we do.