In the 7th Circuit, Judge Posner sua sponte requested a vote to rehear the Wisconsin Voter ID case. The vote split 5-5, resulting in affirming the panel decision. He issued a 43 page dissental. It’s worth a read. Judge Posner offers this quasi-defense of the Harvard Law Review. You may recall Judge Easterbrook knocked an article in the Harvard Law Review because it was not peer-reviewed. Posner shoots back, with a dig at the Justices themselves.
The panel opinion dismisses the Absolabehere and Persily article on the ground that because it was published in the Harvard’ Law’ Review, it was not peer-reviewed. So much for law reviews. (And what about Supreme Court opinions? They’re not peer-reviewed either.)
And I’m sure many former editors of the Harvard Law Review clerked, and now serve on the Supreme Court.