Richard Posner Responds to Bryan Garner in The New Republic

How Nuanced is Justice Scalia’s Judicial Philosophy? An Exchange
Bryan A. Garner and Richard A. Posner
The New Republic
September 10, 2012

Hardly was I surprised that Judge Richard A. Posner did not warmly embrace Reading Law, the book on textualism I coauthored with Justice Antonin Scalia. But I was unduly sanguine in thinking that my friendship with Judge Posner (such as it is—we’ve shared several meals since the 1990s and have always had convivial conversations) would ensure at least a fair reading of our book on “fair reading.”

The tendentious hostility of Posner’s review in The New Republic, containing allegations of pervasive misrepresentations in the new Scalia‑Garner book, did come as a surprise—a most disappointing one. A response is in order...

Bryan Garner’s letter repeats criticisms by the National Review blogger Ed Whelan, a former Scalia law clerk who is the head of the Ethics and Public Policy Center, an extreme conservative think tank preoccupied with homosexuality (which Whelan believes is destroying the American family), abortion, embryonic stem cell research, and other affronts to conservative theology.

I have trouble bel