Tag Archives: Alito

Obama and Alito

29 Jan

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The Supreme Court is a co-equal branch of government. It is not a delicate menagerie of ultra-fragile prices and princesses who are above the law, above reproach, above criticism, above anything.

The Court majority’s recent decision in Citizens United may be constitutionally valid, but that doesn’t make it right or good. As Obama quite correctly pointed out, that holding will result in unlimited corporate political advocacy without restriction on time, money, or message. Yet corporations don’t have the vote, and their personhood is a convenient legal fiction and nothing more.

For Obama to have criticized the decision as bad for our political system is perfectly valid. The notion that the delicate Court is above criticism at the hands of a President is as ridiculous as suggesting that the Congress is above criticism or discussion in that venue. Every time a Republican President stood up at a State of the Union address and criticized Roe v. Wade, that was the same damn thing, and no one batted an eye.

Because it’s perfectly valid for the chief executive to criticize the judiciary, and vice-versa.

By the same token, it’s no secret that the Court has become supremely politicized in the last few decades. I find nothing wrong with Justice Alito shaking his head or mouthing something back at Obama. Hell, let them stand and cheer if they want to. Decorum for decorum’s sake is stupid, and we should stop playing make-believe.