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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