Second Circuit Judicial Council Issues Decision Related to Judge Calabresi’s Remarks:

The opinion is here; the bottom line is that the judges conclude that Judge Calabresi violated the Canons of Judicial Ethics by suggesting that Bush ought not be reelected, but that his apology and the admonition that he had gotten from the Chief Judge (with which the Judicial Council concurs) are all the discipline that is necessary. I think that’s quite right; I would have been happy even with the apology alone, but certainly nothing more than the Council’s mild admonition is called for.

For more on the controversy, see here, here, and here. I’m also pleased to say that the report quotes (and even agrees with!) something I said to a reporter about this controversy — that the Mussolini/Hitler analogy was “factually inaccurate and unfair, but not a breach of ethics.”

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