I am posting several responses to the President’s speech on Wednesday night. Today I want to address the section on the Citizens United case. I won’t actually comment on the substance of the statement, but I do want to offer commentary on both Justice Alito’s and the President’s comments. For insight into the accuracy of the claims please read here and here.
I have no problem with the President asserting that he does not agree with a Supreme Court decision. I even believe that he could do so during the State of the Union Address, but the manner and tone of this President’s remarks were out-of-line. He was antagonistic and derisive in attacking a branch of the government. Instead of demagoguery the President should have offered ideas. He could suggest that Congress draft legislation to address the issue, but to call the credibility of the Court into question as he did is unconscionable.
Justice Alito found himself in a difficult situation. Decorum demands that Justices refrain from public comment and political involvement. He should have kept silent, but in a way I am glad he did not. If he had remained silent, this likely would only have raised a minimum of discussion on a fact check report. However, now the internet is ablaze with commentary on this quote.
In the end, he should never have been put in this position in the first place.