In what was an otherwise predictable State of the Union address from President Obama, one episode sticks out. The President chose to attack the Supreme Court directly, with seven Justices seated only feet away from him.
Regarding last week’s decision in Citizens United v. Federal Election Commission, he said,
With all due deference to separation of powers [spoken with unmistakable contempt], last week, the Supreme Court reversed a century of law that I believe will open the floodgates for special interests–including foreign corporations–to spend without limit in our elections. I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities. They should be decided by the American people. (…) I’m urging Democrats and Republicans to pass a bill that helps to right this wrong.
The Justices sat serenely, with the exception of Samuel Alito, who shook his head and appeared to mutter “that’s not true.”
Apparently, this was a scripted moment that was planned in advance. I’d think one of his gaggle of advisors would have warned him against such a thing during revisions. This was an unnecessary distraction and a vulgar bit of pettiness in a speech that decried exactly such things.
2 thoughts on “Poking the Bear”
Pragmatism is not his strong suit…
-Gene
The Blog of Legal Times points out that this is the first time a President has ever scolded, or even openly criticized, the Supreme Court in the State of the Union. Not even FDR did so at the height of his clash with the Hughes Court.
This is thrown into even sharper relief by the fact that it is purely political. The President is resentful that his favorite targets for political potshots (some of which he castigated in last night’s speech) will now have greater latitude to fund political advertisements.
His concern that elections would be bankrolled by “foreign entities” are completely unfounded, considering that 2 USC § 441e already reads as follows:
Furthermore, had he read the Court’s decision, he would have found this bit from the Majority opinion: