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Congressmen call for Calabresi investigation

Via Howard Bashman: Josh Gerstein of the New York Sun reported yesterday that fifteen members of Congress, led by Texas Rep. Lamar Smith, wrote to Justice Stephen Breyer as Chairman of the Judicial Conduct and Disability Act Study Committee calling for an investigation into Judge Calabresi's comments comparing President Bush's election to those of Mussolini and Hitler. See my earlier discussions here and here. Their letter wrote, in part:

We strongly believe that Judge Calabresi’s remarks comparing President Bush to Hitler and Mussolini are inexcusable for a sitting federal judge. . . Any comparison or likening of a duly elected president of the United States to murderous tyrants and dictators does not uphold the integrity and independence of the code of conduct. It debases the code and seriously calls into question Judge Calabresi’s fitness to impartially serve on the federal bench.

The full text of the complaint has been posted by Eugene Volokh.

Justice Breyer rejected the complaint, stating, "The committee has no authority — statutory or administrative — to investigate particular allegations of misconduct and impose sanctions." Representative Smith has stated an intention to refile the complaint with Chief Judge Walker of the Second Circuit.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.