Richard Posner, a former federal appellate judge and University of Chicago law scholar who became one of the most cited legal thinkers of the 20th century, died Tuesday aged 87. The University of Chicago confirmed his death.
Posner, who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017, was known for his pragmatic approach to judging and his disdain for jargon-filled legal writing. During his 36-year stint on the bench he penned nearly 3,300 legal opinions.
He also authored more than 60 books and dozens of journal articles. His 1973 book “Economic Analysis of Law” was largely held as an extremely influential book in the field of law and economics.
“There has never been a legal scholar quite as prolific, influential, and endlessly curious as Dick Posner,” University of Chicago Law School Dean Adam Chilton said in a statement. “He was a giant whose influence on our legal system, the field of law and economics, and on our law school cannot be overstated.”
Posner’s legal career began as a clerk for Supreme Court Justice William J. Brennan and later as an assistant to future Supreme Court Justice Thurgood Marshall. He joined the University of Chicago law school in 1969 and was appointed to the bench by President Ronald Reagan in 1981. He served as the circuit’s chief judge from 1993 to 2000.
Among his legal opinions were rulings overturning same-sex marriage bans in Indiana and Wisconsin in 2014, a 2013 decision to block a Wisconsin abortion ban and a majority opinion that struck down an Illinois ban on concealed carrying on public transit. He also wrote a 2012 dissent expressing his disdain for ATF stash house raids.
Posner retired from the bench in 2017, saying in a statement at the time: “I am proud to have promoted a pragmatic approach to judging during my time on the Court, and to have had the opportunity to apply my view that judicial opinions should be easy to understand and that judges should focus on the right and wrong in every case.”
He is survived by his wife Charlene, two sons and four grandchildren. Details of services are pending.
Analysis
Why This Matters
- Posner’s pragmatic, economics-influenced approach to law reshaped American jurisprudence and remains influential in courtrooms and law schools.
- His rulings on same-sex marriage, abortion and gun rights directly affected millions of people across the Midwest.
- As one of the most cited legal scholars of the 20th century, his writings continue to shape legal thinking long after his retirement.
Background
Posner was appointed to the U.S. Court of Appeals for the Seventh Circuit in 1981 by President Ronald Reagan and served as chief judge from 1993 to 2000. He joined the University of Chicago law school in 1969 and published “Economic Analysis of Law” four years later, helping to establish the field of law and economics. He retired from the bench in 2017.
Key Perspectives
Dean Adam Chilton of the University of Chicago Law School: “There has never been a legal scholar quite as prolific, influential, and endlessly curious as Dick Posner.” He called Posner “a giant whose influence on our legal system, the field of law and economics, and on our law school cannot be overstated.”
Richard Posner (upon his retirement in 2017): “I am proud to have promoted a pragmatic approach to judging during my time on the Court, and to have had the opportunity to apply my view that judicial opinions should be easy to understand and that judges should focus on the right and wrong in every case.”
What to Watch
- Expected tributes and remembrances from the legal community and former clerks.
- Whether Posner’s body of work continues to be cited heavily in legal scholarship and court opinions.
- Plans for memorial services in Chicago and at the University of Chicago.
Checked
12 claims in this story checked against 1 source: 10 supported.
Show each claim
- SupportedPosner died on Tuesday aged 87.Chicago Sun-Times: “Richard Posner, a former federal appellate judge and University of Chicago law scholar who became one of the most cited legal scholars of the 20th century, died Tuesday. His death was confirmed by the University of Chicago. He was 87.”
- SupportedPosner was an influential US judge and legal scholar.Chicago Sun-Times: “Richard Posner, longtime federal judge and 'prolific' University of Chicago legal scholar”
- Partly supportedPosner became one of the most cited legal thinkers of the 20th century.Chicago Sun-Times: “who became one of the most cited legal scholars of the 20th century”
- SupportedThe University of Chicago confirmed Posner’s death.Chicago Sun-Times: “His death was confirmed by the University of Chicago.”
- Partly supportedPosner authored more than 60 books during his 36-year career on the bench.Chicago Sun-Times: “In his lengthy career, and even into retirement, Posner authored more than 60 books and dozens more legal journal articles.”
- SupportedPosner penned nearly 3,300 legal opinions during his 36-year stint on the bench.Chicago Sun-Times: “Posner made it known he detested jargon-filled legal writing and leaned into practical solutions for complex legal questions in the nearly 3,300 legal opinions he penned during his 36-year stint on the bench.”
- SupportedPosner served on the Seventh Circuit from 1981 to 2017.Chicago Sun-Times: “he was appointed to the U.S. Court of Appeals for the Seventh Circuit by President Ronald Reagan in 1981.”
- SupportedPosner was known for a pragmatic approach to judging and disdain for jargon-filled legal writing.Chicago Sun-Times: “Posner made it known he detested jargon-filled legal writing and leaned into practical solutions for complex legal questions”
- SupportedThe book “Economic Analysis of Law” was published in 1973 and was considered extremely influential in law and economics.Chicago Sun-Times: “Posner joined the University of Chicago’s law school in 1969, and just four years later, wrote “Economic Analysis of Law,” largely held as an extremely influential book in the field.”
- SupportedDean Adam Chilton said, “There has never been a legal scholar quite as prolific, influential, and endlessly curious as Dick Posner.”Chicago Sun-Times: “University of Chicago Law School Dean Adam Chilton said: “There has never been a legal scholar quite as prolific, influential, and endlessly curious as Dick Posner.””
- SupportedChilton said Posner was “a giant whose influence on our legal system, the field of law and economics, and on our law school cannot be overstated.”Chicago Sun-Times: ““He was a giant whose influence on our legal system, the field of law and economics, and on our law school cannot be overstated,” Chilton said in a statement .”
- SupportedPosner said, “I am proud to have promoted a pragmatic approach to judging during my time on the Court, and to have had the opportunity to apply my view that judicial opinions should be easy to understand and that judges should focus on the right and wrong in every case.”Chicago Sun-Times: ““I am proud to have promoted a pragmatic approach to judging during my time on the Court, and to have had the opportunity to apply my view that judicial opinions should be easy to understand and that judges should focus on the right and wrong in every case,” Posner said in a statement at the time of his retirement.”