The line didn’t get much attention until HuffPost Live’s Mike Sacks asked Judge Posner about it in an interview that aired Oct. 11. The reporter read the passage to the judge and asked him if he and the court got the case wrong. “Yes, absolutely,” Judge Posner replied. Judge Posner doesn’t mention the interview in his New Republic piece.
So what to make of this latest turnabout? “I do not believe it is credible given his Huffington Post comments,” University of California-Irvine law professor Richard Hasen, an electoral law expert who was critical of Judge Posner’s opinion in Crawford, told Law Blog.
Law Blog has put in a request to speak to Judge Posner.
The Law Blog makes the key point regarding the Judge Posner controversy: Judge Posner’s New Republic piece ignores what he told Huff Post Live.