Of cabbages & kings

Like Judge Crotty, Justice Richard Posner gets it regarding how law should work in applying common sense and fairness to complex issues affecting us all, i.e. separation of church and state, corporations as people etc., etc.,  while Anton Scalia doesn't as his penchant is to use his "immense" intellect for the sake of argument rather then getting to the heart of the issue at hand to arrive at a decision grounded on sound legal and moral principles. To whit.

Finally, Posner was recently one of three judges to hear oral argument in a lawsuit challenging Wisconsin and Indiana’s ban on same-sex marriage. Although the case has not yet been decided, there is no question how Posner will vote. When the lawyer for Wisconsin justified the ban based on “tradition,” Posner responded by saying “It was tradition to not allow blacks and whites to marry — a tradition that got swept away.” He also said the ban stems from “a tradition of hate … and savage discrimination” against same-sex couples.

During the argument, the state argued that the purpose of the ban had something (ill-defined) to do with procreation and biology. Posner responded, “It’s arbitrary. You’re allowing all these sterile people to get married. Why are you doing that if you’re so concerned with procreation? Why do you let them?

If only he was one of the Supremes.