Thursday, January 28, 2010

Obama Critical Of Supreme Court Duing State Of The Union

There is a significant amount of attention being given to President Obama's criticism of the Supreme Court during last nights state of the union speech.  The President criticized the Court's recent decision in Citizens United which was discussed HERE.  As the President made the remarks, Justice Alito appeared to mouth "not true." As the New York Times discusses below, Alito may have been correct.  The text of this portion of the speech, from Yahoo News, is below:
With all due deference to separation of powers, 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. And I'd urge Democrats and Republicans to pass a bill that helps to correct some of these problems.
A couple of interesting points and stories:

*Supreme Court reporter Jess Bravin, who writes for the Wall Street Journal, noted that the President added the line "With all due deference to separation of powers" at the podium as the text was not in the released version of the speech [HERE];

*The New York Times notes that the President was not correct abou the impact on foreign corporations.  The Times stated "But in his majority opinion in the case, Citizens United vs. the Federal Election Commission, Justice Anthony Kennedy specifically wrote that the opinion did not address the question of foreign companies."  [HERE];

*The Blog of Legal Times, giving credit to a University of California Santa Barbara database and editor David Brown, notes that the Supreme Court has been mentioned only nine times since President Wilson's state of the union in 1913 [HERE];

*Read the Volokh Conspiracy's discussion HERE;

*Politico's discussion can be viewed HERE;

*Linda Greenhouse's opinion piece in the New York Times can be viewed HERE;

*Above the Law's story can be viewed HERE;

*ABC News has an article HERE titled "Biden defends Obama's criticism of high court";

*The NPR Blog, HERE, has a post titled "If Alito Did Say 'Not True' About Obama's Claim, He May Have Had A Point."


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