Government crafts rules, though Posner often thinks they shouldn't. When they do craft rules, he thinks they should craft the more efficient rule. The alternative is a less efficient rule. I can't for the life of me see how this is socialist or anything other than what Hayek would think.
I'd sure be interested to see the last time Bork merely enforced what the Ninth Amendment says.
Somebody, maybe James Buchanan, reacted in print to the appearance of the first edition of Posner's "Law and Economics" by saying, "this man is a socialist."
I didn't know Posner was black. Buchanan is obviously a racist.