Judge Richard Posner of the 7th Circuit is not a Supreme Court justice. And Justice Antonin G. Scalia is happy to remind folks of this fact when responding to criticism the lower court judge made of one of Scalia’s opinions.
In his Supreme Court review published on Slate, Posner suggested that Scalia’s partial dissent in Arizona v. U.S., in which the justice laments the problem of illegal immigration, may be more political than judicial.
When asked about it during an appearance on Fox News Sunday, Scalia replied: “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”