[lbo-talk] Calabresi: Bush's rise like Hitler's or Mussolini's

andie nachgeborenen andie_nachgeborenen at yahoo.com
Wed Jun 23 18:52:57 PDT 2004


However, it's pretty astounding to have a
> judge
> > make that kind of public intervention in politics.
>
> i've heard it asserted elsewhere that this is a
> violation of
> a code judicial ethics. is it?

On what grounds, appearance of impropriety? Although I haven't researched the matter, I wouldn't think so, since it's not a comment on a live case, but it would practically bar him from participating in hearing any future lawsuit against Bush. However, judges are entitled to have, and express, political opinions, although many won't. Judge Posner (a notorious loose cannon) has lots, and writes books about them, including defending Bush v. Gore. The judges I clerked for have or had opinions, but would never express them in public. Certainly not at that strength if at all. Calabresi's statement is also a real slam against the S.Ct, which reviews his own opinions. . . .

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