Litigation

Obama v. Alito: Commotion, or Curtain Raiser?

By Peter Hardin

Is President Obama’s in-person criticism of those with whom he disagrees on the Supreme Court, and the head-shaking response of one of them, a passing commotion–or is it something more?

You decide. Gavel Grab earlier chronicled the president’s criticism of the court’s Citizens United decision, and Justice Samuel Alito’s head-shaking and possibly mouthing of the words “not true,” and invited you to view the scene on YouTube. Now you can read sharp opinions and analysis that have followed in the wake of the State of the Union speech, and decide what it all means.

From a New York Times article: The event represented a “breach of decorum on both sides” and Obama’s “first major confrontation with the court as president.”

Headline from a Wall Street Journal commentary by Randy E. Barnett: “Obama Owes the High Court an Apology/The justices were there as a courtesy to him.”

By Andrew Cohen in The Nation: “To his credit, and contrary to the breathless reports, the President actually pulled his punches.”

From Richard Albert, in a Politico wrap-up of opposing views: “The president undermined two sacred institutions in American constitutional government: the separation of powers and judicial independence.”

Barbara A. Perry, who teaches at Sweet Briar College, told the Washington Post: “I did think it was an unfortunate display for both branches…I’ll leave the individuals aside.”

In SCOTUSblog, Lyle Denniston observed that the episode “may have a bearing on what is shaping up as the first attempt in Congress to write a new law reacting to the Supreme Court?s decision last week.” You can read all about the decision in Gavel Grab by clicking here.

Full post as published by The Gavel on January 29, 2010 (boomark / email).