Hail to the Chief Justice

· Saturday, March 13, 2010

When the young John Roberts was confirmed as Chief Justice of the United States in 2005, he declined to put those gold stripes on his robes. They’re the ones that the late William Rehnquist had devised to indicate his status as first among equals on the nation’s high court. “I’ll have to earn them,” Roberts said modestly. He just did. He gave a powerful rejoinder this week to President Obama’s unprecedented foray into demagoguery.

It’s more than a tempest in a teapot. Last January, President Obama took the unheard of step of criticizing a U.S. Supreme Court ruling during his State of the Union Address. With most of the black-robed Justices seated in front of him, Mr. Obama went out of his way to knock the Court’s 5-4 ruling in the case of Citizens United v. Federal Elections Commission. The high court ruled, narrowly, that major parts of the McCain-Feingold campaign finance law are unconstitutional. Mr. Obama stated, and liberal media outlets echoed his charge, that this would allow corporations and unions to give directly to campaigns.

The high court majority essentially found that you don’t lose your First Amendment rights because you are a business, or a union. You can still praise or criticize a candidate for public office. The McCain-Feingold Act was one of the worst infringements of free speech since the infamous Alien and Sedition Acts of 1798. In very practical terms, that law gave the New York Times, CBS News, and the increasingly rabid MSNBC free rein, while putting a muzzle on non-profits like Family Research Council, National Right to Life Committee, and the Sierra Club.

In criticizing the Court’s ruling, the President got it wrong. He mischaracterized what the Court had done. That’s why—in one of the most memorable gestures in the history of the Supreme Court and of State of the Union Addresses—Justice Samuel Alito silently mouthed the words: SIMPLY NOT TRUE. Alito’s silent protest resounded throughout the nation. The Court did not say that corporations and unions may now give directly to candidates. It did not say that it’s okay for candidates to accept donations from foreign corporations. These activities are still against the law.

The Chief Justice waited several weeks—a decent interval—before giving his powerful response. Of course you can criticize the U.S. Supreme Court, the Chief Justice said in answering questions from law students in Alabama. It might even be your duty to criticize the rulings of the Court, he said. “If they think we’ve done something wrong,” the Chief Justice said, it can even be “an obligation to criticize what we do.”

But, he went on, “[the] image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court—according to the requirements of protocol—has to sit their expressionless, I think is very troubling.”

It is troubling indeed. The members of the Supreme Court are not potted plants. They are not supposed to sit there like wax figures while Barack Obama waxes indignant about their rulings.

Most of us can think of Supreme Court rulings that are outrageous. Dred Scott v. Sandford helped to drive this country into civil war. I would include Roe v. Wade and Planned Parenthood v. Casy in that list. The Kelo ruling that allows local governments to condemn your home and give it to private developers is another gross injustice.

Liberals surely cannot abide Bush v. Gore, the Court’s 2000 ruling that ended Florida’s endless election recount.

In criticizing the Supreme Court, however, we need to respect the rule of law and think about the time and the place. President Lincoln, in his First Inaugural, disputed the idea that the Supreme Court had the final word on all political issues, but he took care to refer to the Court as “that eminent tribunal.” President Reagan used his State of the Union Addresses to call for constitutional amendments to restore the right to life of the unborn, but he did not directly criticize the Court. FDR, following his landslide re-election in 1936, famously tried to “pack the Court” with six new members. Congress—even a Congress with overwhelming Democratic majorities—defeated him on that one.

I thank and commend Chief Justice Roberts for his brave statements. He represents an equal coordinate branch of our government. I hope that next year, the Chief Justice will join Justices Scalia and Thomas in staying away from the increasingly partisan, increasingly raucous display. Instead of watching the State of the Union Address from a front row seat, the Justices might watch American Idol, instead. Let Mr. Obama’s backers sit in those reserved seats and cheer their own American idol all they want.


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Comments

Greg Welch

Excellent article. I don't believe the annointed one would have made those same remarks in a far different audience. The McCain-Feingold Act was one of the worst infringements of free speech since the infamous Alien and Sedition Acts of 1798. In very practical terms, that law gave the New York Times, CBS News, and the increasingly rabid MSNBC free rein. If you polled the American public on this infringement, their ability to know this would tell you why Obama uttered those words. He knows the American public has no idea about the Constitutionality of such a bill. Even Pres. Bush signed it into law. God save our Republic as Ben Franklin once said, " If we can keep it. "

Posted March 14, 2010 at 12:12:45 PM


Andrew Cole

Great article--well written and articulated.

Posted March 15, 2010 at 3:29:05 PM


Joseph J. Pippet

Thank You Mr. Blackwell for an Excelent article! Mr. Welch,Thank you for your insightful comment.We the people Cause political Tyrany( his majesty Obama's presidency and His court of jesters,the Vice President,Secratary of etc.) because of our Lack of Understanding of Our Responsibilities if being a citizen of this Country.Get to Know the Constitution.Know who your Voting for,Honesty not how nice they are.Pray for ALL Politicians especialy the Ones you vote.President Obama wants to Control the People of this country not Serve.It's a Warning.

Posted March 15, 2010 at 5:53:21 PM


Ruth

If the abominable healthcare bill gets passed by hook or by crook what options do we have? Since it's obviously unconstitutional on several fronts, how long will it take before the courts can rule that it is? Can implementation of the taxes, the spending and the hiring of thousands of new bureaucrats be halted while the issue is in court?

I fail to see how cutting off both legs will fix a sore toe as this ridiculous take-over America bill falsely promises. Let's just fix the toe.

Posted March 15, 2010 at 9:36:37 PM


MichaelSSEC

Outstanding column, Mr Blackwell. Chief Justice Roberts is correct, that it is our duty to criticize the Court when we sincerely believe it's wrong. The examples Mr Blackwell cited are good ones.

Yet what President Obama did does not pass that sniff test. The man holds himself out as a Constitutional scholar, so it is inconceivable that he simply did not understand the ruling, and made an honest mistake. Nor did he try later to correct that mistake if it was one. No, the President intentionally mischaracterized the ruling and its impact.

Why? Did he think actual scholars and the nation's numerous pundits would not correct the problem? I suppose he believed most Americans are just too dull to follow the esoteric rulings of the SCOTUS, and would not understand the finer points of law in any case. If Liberals are absolutely certain of anything, it's that Americans are dumb. 'The masses are asses' is a common enough description. Bill Maher is quite bold in his assertion that the public is stupid and must be "dragged" to President Obama's agenda.

So perhaps the President believed he would get away with the deception, especially since the Leftist media did everything they could to help. The "explained" his statement, until viewers could be forgiven for thinking that the entire mainstream media was on the White House payroll.

Ironically, this whole controversy could have been avoided if the President had simply exercised basic civility and refrained from ripping the SCOTUS and its ruling during the State of the Union Address. Time was when such a thing would have been unthinkable for a President, for whom class and civility were assumed at all times. More's the pity, that seems not to be the case today.

Posted March 15, 2010 at 10:45:46 PM


billwhit

Great Article! Hopefully, in 2011, since Obama insulted the Supreme Court during the SOU Address, they will look deeper into Obama's past and force him to finally prove he is American, Resign, or be Impeached! Obama showed he had no Leadership abilities when he insulted the Supreme Court in front of America! Anyone with supervision experience knows that you never do something like this in front of others, but in private. Obama showed he is no Leader, Administrator, or Supervisor! He is an Arrogant, Narcissist that thinks the world should bow and grovel, just as he does to our Adversaries.

Posted March 16, 2010 at 2:47:21 AM


Larry W.W.

This was the worst State of the Union I can ever recall. President Obama and I use the term President with respect to it's office. Respect of which President Obama has earned. Our constitutional rights are being stripped slowly by this Socialist administration. I praise Justice Roberts and the court for this ruling. I am appalled by President Obama's tenacity.

Larry W.

Posted March 16, 2010 at 8:15:21 AM


pearl

Bravo! For the remainder of this pretender's occupancy of the White House, the Supreme Court should decline to attend. Perhaps when a more dignified and worthy person stands before them, they can reconsider.

But I would even suggest that, given the partisan, pep-rally atmosphere that these charlatans have created, the Republicans ought also to ask for a written statement, and boycott the festivities, leaving the Dems to slap each other on the back in private. They don't need anyone who doesn't agree with them anyway, right?

Posted March 16, 2010 at 10:32:38 AM


E. Mailhiot

Mr. Obama has shown to the world that he is not a cultured, decent man. Eventually, even an arrogant, narcissist will show his true colors. Barbarians at the gate.

Posted March 16, 2010 at 12:31:19 PM


Jacqueline

My prayer is that Obama never gets the chance to give another State of the Union Address as long as he lives and that he is cut off from any elective position within the Government, local or national. In fact, he should be deported immediately along with Pelosi, Reid, Gibbs, Emanuel, Holder, etc.

WE HAVE HAD ENOUGH OF THIS ADMINISTRATION!

Kudos to Chief Justice Roberts and to this well written article.

Posted March 17, 2010 at 5:37:38 PM


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