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 You may recall Judge Easterbrook knocked an article in the Harvard Law Review because it was not peer-reviewed.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and Persily  article  on  the  ground  that  because  it  was  published  in  the  Harvard’ Law’ Review,  it  was  not  peer-reviewed.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  They’re  not  peer-reviewed  either.)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.