In a breach of protocol, Associate Justice Sam Alito was filmed during the State of the Union address last night shaking his head and mouthing “not true” in response to the President’s criticism of the Citizens United ruling on corporate campaign finance limits. Ironically, Rep. Joe Wilson promised to restrain himself during this speech and not scream “you lie” again during the President’s speech. For a justice, this breach (shown below) is no less remarkable. It is, in a word, injudicious.
Justices are expected not to express support or opposition to a president during the State of the Union — symbolizing the neutrality of the Court. This demonstration of Alito’s views undermines that principle and makes the Court look partisan and rather petty. Whether or not Obama overstated the holding is completely immaterial — just as immaterial as what Obama was referencing when Wilson screamed “You Lie!’
Justice are expected to speak through their opinions alone. Indeed, the relatively recent trend of justices speaking at conferences and associational meetings have troubled many of us. I have long favored the prior view that justices rarely speak in public — largely confined to graduations, funerals and the like. While Alito clearly experienced an uncontrolled moment, justices are expected to control themselves and act judiciously — particularly at major events like a State of the Union.
Alito should apologize to the President and to Congress (he and his colleagues are guests of the United States Congress) for the incident. Notably, if a president (or any citizen) goes to a court of law and mouths objections, they risk a contempt warning or sanction from the judge. No one requires a justice to come to the State of the Union. The price of this particular trick is to remain stoic and neutral. As with Wilson, there is limited audience participation. This is not Oprah, it is the State of the Union. When it comes to the justices, they should ideally not even applaud let alone express their views. They are present to show the unity of the tripartite system, but also to reaffirm the strict neutrality and apolitical role of the Court.
For commentary on the incident, click here (Glenn Greenwald) and here (Huff) and here (Politico) and here.
Fact Check: a corporation which is 99% owned by foreign nationals, but is incorporated in the United States is itself not a “foreign national” (22 U.S.C. 611, 2 U.S.C. 441e), and so may NOW make unlimited campaign expenditures. U.S.-incorporated subsidiaries of foreign corporations are domestic corporations under the law. It is not as cut-and-dried as you think. This is what has some people upset.
FACT CHECK: True or False
The Court held that 2 U.S.C. Section 441a, which prohibits all corporate political spending, is unconstitutional. Foreign nationals, specifically defined to include foreign corporations, are prohibiting from making “a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State or local election” under 2 U.S.C. Section 441e, which was not at issue in the case. Foreign corporations are also prohibited, under 2 U.S.C. 441e, from making any contribution or donation to any committee of any political party, and they prohibited from making any “expenditure, independent expenditure, or disbursement for an electioneering communication… .”
The SOTU has devolved into a cheer/jeerfest. SCOTUS over the years (depending on who the Justices and the President were at the time) refused to attend the SOTU. Justice Roberts made a point of showing a presence out of respect for our system of government. The President just poisoned the well. My only suggestion is that someone, anyone poll the President’s only nominee on the Court, Justice Sotomayor, and she what she has to say about this exchange. Any answer would speak volumes as to her judicial independence and glean some insight into what kind of Justice she will ultimately turn out to be.
Mi piacerebbe sapere per quale motivo il giudice Alito pensato che?
The President reprimanded the Republicans, the Democrats, himself, and the Supreme Court. He played the role of an all-inclusive
politician because that’s what he is.
Alito’s passive/aggressive political move was, in light of Wilson’s performance last year, just bad form.
Perhaps President Obama can make this all go away by inviting Justice Alito to a beer-fest at the White House. They’ll have to find somebody to sit with Biden in order to set up the photo-op.
Duh
Thanks Blouise. How come I have to be blue man from sesame street? I would much rather be one of the blue men from Blue Man Group. Them’s soma talented dudes. It would also support the claim made by some that I am “serving” some other master.
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Come on … you’re a conservative, and … okay, I did think about it but … one night, during a surreal trip to Vegas, after the performance, I was backstage and a Blueman kissed my cheek. Yuck! That stuff doesn’t wash off! When looked at from my point of view … better to be the blue man on Sesame Street.
Besides, I thought you’d see the comparison as favorable … the blue man is always trying to get Grover to listen to what he’s saying and Grover is always taking it the wrong way …
I’m deep, baby ………..
Because you are Duh. You and a lot of your other personalities. When you try and fool some of the people some of the time you always fool yourself all of the time.
Thanks Blouise. How come I have to be blue man from sesame street? I would much rather be one of the blue men from Blue Man Group. Them’s soma talented dudes. It would also support the claim made by some that I am “serving” some other master.
[youtube=http://www.youtube.com/watch?v=W2ytn66X4ZI&hl=en_US&fs=1&]
Blouise,
I enjoy your point of view too, Ma’am.
Duh
FFLEO,
I am not bdaman. I guess I could state that until I am *blue in the face*, and some would still believe that there can’t possibly be more than one person who would have the nerve to present an opposing view.
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Ahha … I knew it! … you’re the *blue man* from Sesame Street.
Seriously … once again I find myself agreeing with FFLEO (which constantly amazes me as our political leanings are so different) but, … be that as it may,… I enjoy your point of view and I don’t even care if you get carried away and occasionally write something disrespectful for I, myself, occasionally, tend toward the hyperbolic hyperbally.
(Is Grover really as dumb as he seems?)
Swathmore Mom
I feel for you but I just can’t reach ya.
Gore is an Idiot who is trying to scam the world on his fake religion. His a hypocrite that doesn’t practice what he preaches. The typical rogue minister.
http://theteleprompter.com/Al_Gore/
Is it just me, or does Joe Lieberman remind you of the guy who played the father on Alf?
[youtube=http://www.youtube.com/watch?v=TxyvdBzqOpM&hl=en_US&fs=1&]
I do not agree Gore is a mental midget and would have been grateful to have him as president. I am not condemning the court. I just realize some of them are politicians. I would certainly take Joe Lieberman with all his liabilities over Cheney. The case we are currently discussing further illustrates the republican political bent of the majority.
Swarthmore Mom and anon nurse,
Therefore, you are going to condemn a whole branch of government for something that happened 5 years or more before Roberts, Alito, and Sotomayor were even around, in addition to Stevens and Ginsberg who both dissented in Bush v. Gore?
I did not want Bush, although Gore is a mental midget and who in the world—in a cogent state of mind—would have wanted Joe Lieberman ‘a heartbeat away from the presidency’?
Thanks FFLEO, I’m doing my best. Your acknowledgement helps.
bdaman,
I knew that some of them were you. I remember you from the movie.
You’re the award winner.
[youtube=http://www.youtube.com/watch?v=HOu9TmWGKLg&hl=en_US&fs=1&]
FFleo have you noticed all the new people that jumped all over the Okeffe story. I’m some of those people too.
At the end of this video read McCains lips. More Blame Bush.