Friday, February 19, 2016
UPDATE: There's a longer article on this brouhaha here. I find I agree with a lot of what Mike Seidman (Georgetown) is quoted in the article as saying in the wake of this dispute. In general, institutions should not adopt positions; faculty should adopt positions. But the convention of recognizing and mourning the passing of a member of that community is so well-established that I don't think anyone could imagine that such official expressions mean that everyone in the community has the same views about an individual's life and career. I doubt there has been a more severe critic of Justice Scalia than my colleague Judge Posner, and yet Chicago, of course, also mourned Justice Scalia's passing and recognized his professional career, as one would expect. I am sure no one thinks this means that Judge Posner is now retracting his previous criticisms of Justice Scalia's jurisprudence!