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ADL Letter to the Honorable Guido Calabresi
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Honorable Guido Calabresi
United States Court of Appeals
157 Church Street
New Haven, CT 06510
Dear Judge Calabresi:
The New York Sun recently reported that at a luncheon hosted by the American Constitution Society you compared the U.S. Supreme Court's decision in Bush v. Gore to the circumstances by which Hitler and Mussolini ascended to power. You reportedly described the Supreme Court's decision as "the illegitimate acts of a legitimate institution that had the right to put somebody in power," and compared it to the actions of the German and Italian governments prior to World War II.
Your comments have troubled some in the Jewish community, and we wanted to share our concern with you. We realize that your comments were limited to the operation of our nation's judiciary and did not compare President Bush personally to Hitler or Mussolini. Furthermore, we welcome your insight as a legal scholar on the significant cases of our day. Nonetheless, we remain uneasy with your analogy.
We understand your point to be that when a legitimate democratic institution misuses authority, it undermines democracy. However, your comparison to the historic events that empowered those who committed genocide, and who were responsible for untold suffering, touched a raw nerve. It was inadvertently hurtful because it dilutes the awful memories of fascism, which are perhaps the most concentrated defense against its reoccurrence. Your comments were also disturbing because they suggest that our nation's democratic institutions are similarly vulnerable to fascism at this time.
Guido -- your reputation for sensitivity to others confirms that you had no intent to offend. This letter is being sent between friends and in the spirit of friendship, and we look forward to continuing the good work that you and ADL have done together in the past.
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Sincerely,
Abraham H. Foxman
National Director
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