Richard Posner, longtime federal appeals judge and legal scholar, dies at 87
The former 7th Circuit judge, appointed by President Reagan in 1981, pioneered the use of economics in law and wrote more than 50 books.
Richard A. Posner, a former federal judge and legal scholar, died Tuesday, Nov. 10, in Chicago. He was 87. His son Eric confirmed the death, and the University of Chicago Law School also said he had died.
President Ronald Reagan appointed Posner to the Chicago-based 7th Circuit Court of Appeals in 1981. In 2017 he retired abruptly after disputes with colleagues about what he said was the court mistreating litigants lacking lawyers. Over his career he wrote more than 50 books along with thousands of judicial opinions.
He was a leading figure in law and economics, which applies economics to legal problems, and his book Economic Analysis of Law helped establish the field. A 2000 study by Fred R. Shapiro found him the most-cited legal scholar of the second half of the 20th century. Posner called his approach to judging pragmatic.
His opinions ranged from conservative to liberal, and one from 2014 struck down same-sex marriage bans in Wisconsin and Indiana. The law school's dean, Adam Chilton, called him "a giant" whose influence "cannot be overstated." The school did not report a cause of death, according to the Epoch Times.
- more than 50 booksbooks Posner wrote, alongside thousands of judicial opinionsThe Boston Globe
- 36 yearsPosner's time as a judge on the 7th Circuit, per the Epoch TimesThe Epoch Times
- a factor of almost twoPosner's citation lead over runner-up Ronald Dworkin in a 2000 studyThe Boston Globe
Three sides of the story
6 news outlets reported this
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Liberal2 outlets
A pragmatic iconoclast and the law's most-cited scholar
The Boston Globe runs a long obituary headlined "His influence in law was beyond compare," opening on his "protean intellect, relentless work ethic, and startling candor." It builds the portrait on his citation record, citing a study of citations and quoting a study of casebook influence and Saul Levmore, a former University of Chicago Law School dean, who calls him "the greatest and most skilled judge in American history." The piece describes his approach, which he called pragmatic and critics called lawless, and his drift left in later years.
It gives his own words, among them a 2013 admission that he erred in upholding Indiana's voter ID law and his remark that he has "exactly the same personality as my cat." It also notes he retired abruptly in 2017 after clashes with colleagues. The same text runs at the Seattle Times.
The New York Times, under the same headline, calls him an "unapologetic iconoclast" who favored pragmatism over judicial tradition.
Center3 outlets
A law-and-economics pioneer and prolific appeals judge
The Seattle Times carries the same long obituary the Boston Globe prints, calling him "a towering figure in the law." Its separate report leads with "a prodigious legal scholar and outspoken former federal appeals court judge," citing the University of Chicago Law School. It quotes his 2014 opinion striking down same-sex marriage bans, including the line "Go figure," and his 2016 remark that the is "highly politicized."
It also carries Dean Adam Chilton's statement calling him "a giant." The Journal's report, headlined "Judge, Economist Richard Posner Dies at 87," says the jurist wrote thousands of opinions and more than 50 books. Reason publishes a personal tribute in which the writer says "no obituary can possibly do them justice."
He recalls learning contracts from Economic Analysis of Law, an extremely thorough review Posner emailed the morning after a request, and an effort with Posner to persuade law journal editors to rethink the Bluebook. He notes he had criticized some of Posner's work.
- The Seattle Times: Judge Richard A. Posner has died. His influence in law was beyond compare
- The Seattle Times: Richard Posner, prolific legal scholar and outspoken appeals court judge, dies at 87
- Reason: Judge Richard Posner, RIP
- The Wall Street Journal: Judge, Economist Richard Posner Dies at 87
Conservative1 outlet
Law school's tribute and his career record
The Epoch Times leads with the University of Chicago Law School's announcement that Posner died on Nov. 10, and quotes the school saying he was widely recognized as "the most influential legal scholar of all time." It reports that the school gave no cause of death. It adds that Posner was diagnosed with Alzheimer's about six months after leaving the bench in September 2017, citing his attorney's letter of February 2022, which Reuters reported in March 2022.
It notes he was the 7th Circuit's chief from 1993 to 2000 and lists his books, including "How Judges Think." It quotes that book and his majority opinion in Baskin v. Bogan, which rejected tradition as grounds for same-sex marriage bans.
Dean Adam Chilton calls him "a giant." Former federal prosecutor Neama Rahmani calls him "a legend in law and economics," and Steven J. Allen of the National Legal and Policy Center calls him "one of the greatest legal minds in American history."
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- Year Economic Analysis of Law was first published
- The Boston Globe: 1972
- The Seattle Times, The Epoch Times: 1973
All sources: 7 articles from 6 outlets
Liberal (2)
Center (4)
- Reason: Judge Richard Posner, RIP
- The Seattle Times: Judge Richard A. Posner has died. His influence in law was beyond compare
- The Seattle Times: Richard Posner, prolific legal scholar and outspoken appeals court judge, dies at 87
- The Wall Street Journal: Judge, Economist Richard Posner Dies at 87
Conservative (1)
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