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Judge Richard Posner, RIP

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Somin, I. (2026, November 12). Judge Richard Posner, RIP. Reason. https://reason.com/volokh/2026/11/11/judge-richard-posner-rip/

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Reason · collected 2026-11-12 · by Ilya Somin

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This personal tribute describes the passing of Judge Richard Posner, a prominent legal scholar, professor at the University of Chicago Law School, and federal appellate judge. The author highlights Posner's foundational role in creating the field of law and economics, specifically citing his 1972 book Economic Analysis of Law and his influential 1981 appointment to the US Court of Appeals for the Seventh Circuit. The piece takes a celebratory and personal angle, emphasizing his gift for simplifying complex legal concepts through his prolific writing on antitrust law, judicial behavior, and literature.
Written by AI on 2026-11-13, from this article's own text only (the story summary below draws on all the coverage).
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Story summary

Judge Richard Posner, a renowned legal scholar and outspoken federal appeals court judge, passed away on November 12, 2026, at the age of 87. Posner was one of the most influential judges in the Seventh Circuit and a pioneering figure in the field of law and economics. His groundbreaking work, including the seminal book "Economic Analysis of Law" first published in 1972, has had a lasting impact on legal theory and practice. As a professor at the University of Chicago Law School, he developed the application of economics to legal issues, which continues to influence economists, legal scholars, and policymakers today. His extensive body of work covers a wide range of topics, from antitrust law and regulation to the legal aspects of intimate relationships, making him one of the most cited legal scholars in textbooks used by generations of lawyers.

Written for “Judge Richard Posner Dies” on 2026-11-15, grounded in this article and the 1 other(s) covering the same event.

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ReasonThis outlet12 Nov

This personal tribute describes the passing of Judge Richard Posner, a prominent legal scholar, professor at the University of Chicago Law School, and federal appellate judge. The author highlights Posner's foundational role in creating the field of law and economics, specifically citing his 1972 book Economic Analysis of Law and his influential 1981 appointment to the US Court of Appeals for the Seventh Circuit…

Judge Richard Posner, RIP (this article)

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This article reads unscored and hedges 8% of its claims. Each row says how that neighbour differs.
Toronto Star
Hedges 0 of 2 claims Outlet record 64/100

Story

Judge Richard Posner Dies
Crime & Law · 2 article(s) covering the same event. See how they differ ↑
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
40
sentences that state something as happening or true
Uncertain
8%
3 of 40 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-11-13 · how these are computed

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Publisher

Reason · 1334 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Ilya Somin
38 article(s) here · 1 carrying a prediction
Among other things, it would allow the federal government to suspend the writ of habeas corpus (and thereby detain people - including US citizens - without due process) at any time.
Just months ago, the Supreme Court in Learning Resources applied those fundamental principles to hold that the President may not use a general grant of authority to "regulate … importation" to impose tariffs, because the power to "regulate" is not the power to tax and Congress did not clearly delegate its taxing power.
A few of my own experiences with Posner and his work may shed some small additional light on the man and his achievements.
2026-11-12 · assertive framing · Judge Richard Posner, RIP
The Republicans may be able to effectively bottle up the impeachment in committee for the rest of the current Congress (which ends on January 3, 2027).
2026-11-11 · mixed framing · The Hegseth Impeachment is Far From Over
Even if they don't pass in the narrowly Republican-controlled lame duck Congress, they will almost certainly do so in the incoming Democratic one.
2026-11-09 · assertive framing · Andrew McCarthy on the Hegseth Impeachment
That makes it very likely it will happen.
2026-11-08 · assertive framing · Impeach Pete Hegseth
In each case, he illegally tried to transform relatively narrow delegations to the executive into a blank check to impose tariffs at will.
I address a variety of counterarguments, including claims that voting for a lesser evil makes you morally complicit in that candidate's wrongdoing, arguments that it's better to cast a "protest vote" for a candidate that has no chance of winning, arguments based on the very low probability that your vote will be decisive, and more.
If Section 338 is still valid and does grant the kind of nearly unlimited authority Trump claims, that would violate the constitutional "nondelegation" doctrine, which restricts delegation of legislative power to the executive…
Today, in United States v. Alaska, federal district Judge Sharon Gleason ruled against the Trump administration's lawsuit seeking to block certification of Alaska Senate election results on the grounds that doing so might be necessary to prevent "voter confusion" caused by the presence of two candidates with very similar names on the ballot.
Also by Ilya Somin
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 38 articles by Ilya Somin →

Topics

Economic Analysis of Law the Seventh Circuit the US Court of Appeals the University of Chicago Law School

Subjects

Posner PERSON · 16× Economic Analysis of Law ORG · 1× Richard Posner PERSON · 1× the Seventh Circuit ORG · 1× the Supreme Court Economic Review ORG · 1× the US Court of Appeals ORG · 1× the University of Chicago Law School ORG · 1×

Narrative

were critical, as in the case of my review of his book Law, Pragmatism, and Democracy, (to which he wrote a solid response, and I in turn a short rejoinder by me), and my criticism (in my book The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain) of his defense of the Supreme Court's controversial ruling in Kelo v. City of New London.
framing: assertive · carried by 1 article(s) · first seen 2026-11-13
A few of my own experiences with Posner and his work may shed some small additional light on the man and his achievements.
2026-11-13 · Reason
Judge Richard Posner, RIP · assertive framing

Claims (40 extracted, 3 hedged)

Judge Richard Posner passed away today. asserted
Posner → pass → ?
His contributions across a wide range of fields are so great, that no obituary can possibly do them justice. uncertain
obituary → do → justice
His book Economic Analysis of Law, (which has gone through numerous editions since the first one in 1972), was and is the best overview of the field. asserted
which → go → field
His classic articles on antitrust law, regulations, the economics of common law, and many related issues were pathbreaking applications of economics to law that continue to influence economists, legal scholars, and policymakers even many decades later. asserted
that → continue → economists
In addition to his many contributions to law and economics, Posner also published enormously influential books and articles on a dizzying array of other issues. asserted
Posner → publish → issues
I can only mention a few here. asserted
I → mention → few
How Judges Think and Reflections on Judging shed light on a variety of issues relating to judicial behavior, and legal philosophy. asserted
Judges → think → behavior
This list of pathbreaking Posner works can be extended almost endlessly! asserted
list → extend → works
Posner became a federal appellate judge in 1981 (appointed to the US Court of Appeals for the Seventh Circuit). asserted
Posner → become → Circuit
There, he became perhaps the most influential federal lower court judge of his time, writing a variety of highly influential opinions. asserted
he → become → opinions
He was famous in legal circles for drafting almost all of his opinions himself, rarely relying on law clerks to do it. asserted
He → draft → it
A few of my own experiences with Posner and his work may shed some small additional light on the man and his achievements. uncertain
few → shed → man
As a first-year law student, I was required to take an early-morning Contracts class. asserted
I → require → class
Not being a morning person, I periodically overslept and missed class (Posner, I'm sure, would never have done such a thing!). asserted
I → oversleep → thing
As a result, I was confused about some issues when final exam time came around. asserted
time → come → issues
The class textbook was only of limited help in clearing up my confusion. asserted
textbook → clear → confusion
So I decided to read the contracts chapter of Economic Analysis of Law. asserted
I → decide → Law
In a relatively few pages, Posner made everything much clearer, and I came to a much better understanding of a wide range of contracts issues than I had before, from studying the much longer textbook. asserted
I → make → textbook
Thanks to Posner, I did much better on the exam than I had any right to expect. asserted
I → do → right
He had a gift for distilling complex issues of law and public policy and making them readily understandable even to late-sleeping slackers! asserted
them → have → slackers
Usually, when courts cite legal precedents, they do not indicate the name of the judge who wrote the decision. asserted
who → cite → decision
But our judge - who is more conservative than Posner and has a very different judicial philosophy - made clear that, in citing a Posner opinion, I should make sure to indicate Posner was the author. asserted
Posner → have → opinion
It's a small, but telling, indication of the respect Posner commanded from jurists across the political and jurisprudential spectrum. asserted
Posner → command → spectrum
One of the more difficult duties of academic journal editors is dealing with peer reviewers, who often procrastinate, submit inadequate reviews, or both. asserted
who → deal → reviews
One time, on a Friday afternoon, I e-mailed Posner an article submission, asking him to review it. asserted
I → e → it
Still, on Saturday morning, I woke up to find a message from Posner in my e-mail inbox. asserted
I → wake → inbox
I expected the message would indicate whether he accepted the assignment or not. asserted
he → expect → assignment
But, instead, I found an extremely thorough and insightful review of the article I had sent him - one of the best peer review reports I have ever seen. asserted
I → find → reports
In addition to his many other achievements and talents, Posner was extraordinarily hard-working and efficient. asserted
Posner → work → achievements
He made most of the rest of us seem lazy and indolent by comparison. asserted
most → make → comparison
I was privileged to know Posner over a period of many years, though we interacted only occasionally. asserted
we → know → years
Most of my professional writings related to his work asserted
Most → relate → work
were critical, as in the case of my review of his book Law, Pragmatism, and Democracy, (to which he wrote a solid response, and I in turn a short rejoinder by me), and my criticism (in my book The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain) of his defense of the Supreme Court's controversial ruling in Kelo v. City of New London. asserted
I → write → London
In retrospect, I fear these writings did not always sufficiently convey the enormous respect - even awe - that I had for Posner's many achievements. asserted
I → fear → achievements
But I did support his longstanding campaign to get rid of the Bluebook, the ridiculously overcomplicated system of legal citation. asserted
I → support → citation
But I was happy to follow Posner in making an exception for the Bluebook! asserted
I → follow → Bluebook
For a time, we even collaborated in an effort to persuade law journal editors to rethink the system. asserted
we → collaborate → system
Much, much more can be said. asserted
more → say → ?
No words of mine can even come close to doing justice to Judge Posner's many achievements, or to his generosity to students and younger colleagues, of which my own experiences with him, were just small examples. asserted
experiences → come → him
Thus, I will close by offering my profound condolences to those of his friends, family, and colleagues, who might read this post. uncertain
who → close → post
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