On a Related Note:

Can we please stop pretending that Posner is anything but a fucking hack apologist?

The Foreign Intelligence Surveillance Act makes it difficult to conduct surveillance of U.S. citizens and lawful permanent residents unless they are suspected of being involved in terrorist or other hostile activities. That is too restrictive.

He's not an astute thinker, he's not challenging. He's a goddam sophist, an apologist for hire, same as that rat-bastard Scalia. I think it's a sign of how debased our culture is that we genuinely don't seem to be able to distinguish sophistry from philosophy. Anyone in a black robe who writes concisely gets lauded as "brilliant." Fuck that. If the "brilliance" points to one end every time, picking and choosing different means, it's nothing more than a Mensa version of Powerline.

Did I mention Posner's pathetic attempt to defend Bush v. Gore? An embarrassment. To all of us.


Note: A lot of legal scholarship decrying Posner's stance is out there, mostly archived behind paywalls; hence the citation of The American Prospect and not, say, Loyola Law.