Starting last month, Slate began a series of monthly dialogues between two of the nation’s most esteemed jurists, Richard A. Posner and Jed S. Rakoff. These conversations will be moderated by Joel Cohen, author of the book Blindfolds Off: Judges on How They Decide. The subject of their first conversation was how much deference the president should be given to make Supreme Court selections that comport with his ideology. This month’s conversation is about when and how judges should bring their own personal convictions into the courtroom.

Joel Cohen: Judge Posner, during Judge Gorsuch’s confirmation hearing last week, Democratic Sen. Amy Klobuchar paraphrased you in questioning the Supreme Court nominee. According to Klobuchar, you have previously said that it is “naïve to think that judges believe only in the legal technicalities of their argument.” Rather, as she put it, “judges consult with their own moral convictions to produce the best results for society.” Judge Gorsuch disagreed.

I know that as a federal judge you can’t comment on confirmation proceedings. So let’s put aside how Judge Gorsuch responded. Do you believe that judges do, and should, consult with their moral convictions to get the best results for society?

Judge Richard A. Posner: I wouldn’t consider it proper for a judge in a case to invoke or rely on idiosyncratic moral convictions, but I think it proper for a judge to rely on the general, broadly held moral convictions of his society, provided those convictions are both pertinent to the case at hand and not overridden by other considerations that judges have to take account of.

Read more at Slate