Hillarysworld

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Thin-Skinned Supreme Court

By E.J. Dionne, Washington Post, February 1, 2010

WASHINGTON -- The nation owes a substantial debt to Justice Samuel Alito for his display of unhappiness over President Obama's criticisms of the Supreme Court's recent legislation -- excuse me, decision -- opening our electoral system to a new torrent of corporate money.

Alito's inability to restrain himself during the State of the Union address brought to wide attention a truth that too many have tried to ignore: The Supreme Court is now dominated by a highly politicized conservative majority intent on working its will, even if that means ignoring precedents and the wishes of the elected branches of government.

Obama called the court on this, and Alito shook his head and apparently mouthed "not true." His was the honest reaction of a judicial activist who believes he has the obligation to impose his version of right reason on the rest of us.

The controversy also exposed the impressive capacity of the conservative judicial revolutionaries to live by double standards without apology.

The movement's legal theorists and politicians have spent more than four decades attacking alleged judicial abuses by liberals, cheering on the presidents who joined them in their assaults. But now, they are terribly offended that Obama has straightforwardly challenged the handiwork of their judicial comrades.

There is ample precedent for Obama's firm but respectful rebuke of the court. I know of no one on the right who protested when President Reagan, in a 1983 article in the Human Life Review, took on the Supreme Court's Roe v. Wade decision of 10 years earlier.

"Make no mistake, abortion-on-demand is not a right granted by the Constitution," Reagan wrote. "No serious scholar, including one disposed to agree with the court's result, has argued that the framers of the Constitution intended to create such a right. ... Nowhere do the plain words of the Constitution even hint at a 'right' so sweeping as to permit abortion up to the time the child is ready to be born."

Reagan cited Justice Byron White's description of Roe as an act of "raw judicial power," which is actually an excellent description of the court's ruling on corporate money in the Citizens United case.

Reagan had every right to say what he did. But why do conservatives deny the same right to Obama? Alternatively, why do they think it's persuasive to argue, as Georgetown Law professor Randy Barnett did in The Wall Street Journal, that it's fine for a president to take issue with the court, except in a State of the Union speech? Isn't it more honorable to criticize the justices to their faces? Are these jurists so sensitive that they can't take it? Do they expect everyone to submit quietly to whatever they do?

In fact, conservatives have made the Supreme Court a punching bag since the 1960s, when "Impeach Earl Warren" bumper stickers aimed at the liberal chief justice proliferated in right-wing precincts.

More . . .

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Ok. With that much evidence, I have to concede. Yes, it was not an exception, rather appears to be the norm for the POTUS to take on the SCOTUS in the SOTU address venue!  Very interesting. The SCOTUS judges would have known this; I am quite sure they would know this.


-- Edited by Sanders on Monday 1st of February 2010 03:45:35 PM