Not as overt as Joe Wilson, but here’s Supreme Court Justice Alito at last night’s State of the Union speech mouthing the words “That’s not true” as Obama bashed the Court’s free speech ruling on Citizens v. FEC (as pointed out in this column, a slight majority of the Court rightly recognized that their job “is to uphold and interpret the Constitution, not to make political judgments about how and when money should be spent on elections”).
Take it away, Judge Alito:
Update: Georgetown University Law Professor Randy Barnett on Obama’s “calling out” the Supreme Court:
In the history of the State of the Union has any President ever called out the Supreme Court by name, and egged on the Congress to jeer a Supreme Court decision, while the Justices were seated politely before him surrounded by hundreds Congressmen? To call upon the Congress to countermand (somehow) by statute a constitutional decision, indeed a decision applying the First Amendment? What can this possibly accomplish besides alienating Justice Kennedy who wrote the opinion being attacked. Contrary to what we heard during the last administration, the Court may certainly be the object of presidential criticism without posing any threat to its independence. But this was a truly shocking lack of decorum and disrespect towards the Supreme Court for which an apology is in order. A new tone indeed.