CBS: You know, Alito was right

posted at 3:35 pm on January 29, 2010 by Ed Morrissey

CBS legal correspondent Jan Crawford doesn’t go quite that far, but she gets pretty close when she admits at the end that Barack Obama “overstated” the impact of Citizens United v FEC. Well … yeah. Katie Couric and Crawford mull over the big takeaway moment from the State of the Union speech, focusing far more on the tradition of stoic non-response of Supreme Court justices during SOTU speeches than the tradition of refraining from attacking the justices in the speech itself. Even at that, Couric notes that this is the most brazen attack by a President against the Court since FDR:

Watch CBS News Videos Online

Not bad, and certainly not the worst response to the kerfuffle. Believe it or not, the Huffington Post did better, at least on the legal question. And if you don’t like the fact that the Court has gotten political, Professor Bainbridge says that maybe the solution to it would be to have a court filled with strict constructionists. (via Instapundit)

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Did any House member at the Baltimore conference, rebuke or castigate the President for his being wrong on his campaign finance attack against the SCOTUS? And what was Obama’s response? If they did, I can’t find it. If they didn’t then shame on them!

eaglewingz08 on January 29, 2010 at 6:25 PM

Professor Bainbridge says that maybe the solution to it would be to have a court filled with strict constructionists

Gee, ya think? Is that not what the Founders intended for the SCOTUS? They didn’t intend for future Presidents to pick justices that would twist the Constitution, or as FDR wanted, add justices over and above the nine, who were loyal to his political leanings, of course it failed.

I pray that the Court holds out until we can vote this ginormous mistake out of office, can you imagine what he would appoint?

M-14 2go on January 29, 2010 at 6:37 PM

Alito should have jumped the podium and knocked the dog crap out of him in front of the nation. That’s what the state of the union is all about!

wepeople on January 29, 2010 at 6:41 PM

“The president didn’t like what the court did”

Well isn’t that just too stinking bad for Obummer! He also doesn’t like the Constitution, Capitalism, the Middle Class, Free Speech, the 2nd Amendment, and most of what the Founders established that makes America great, etc. etc. ad nauseam. Most infantile President ever.

infidel4life on January 29, 2010 at 6:47 PM

Alito’s a better man than I. I would have walked out after a lying dis job like that.

T J Green on January 29, 2010 at 6:58 PM

AubieJon on January 29, 2010 at 3:41 PM


Iran protesters: robust debate, we dont want to meddle (I love dictators)

Honduras deposing law-breaking president: we must meddle immediately – that could be me!

YehuditTX on January 29, 2010 at 8:46 PM

0 is a classless, tactless sneak. To encourage the standing ovation over his wrongful criticism of the decision while the justices sat there.

Also, are we sure Alito did not say something out loud? Notice the blond on the end. She jerks her head around to look at Alito as though she heard something and continued to look at him in wide eyed amazement.

Oleta on January 29, 2010 at 8:54 PM

doesn’t it seem a bit strange that with absolutely no record of scholarship to his name, he could get a tenure track post at a place like Chicago.

He was not on tenure track. BTW if you want a revealing look at BHO’s days at the U of Chicago – interview with his colleague Richard Epstein.

YehuditTX on January 29, 2010 at 8:58 PM

I learned, a long time ago,

disrespecting the judge can have serious repercussions.

I can hardly wait, to see how this plays out.

franksalterego on January 30, 2010 at 9:57 AM

We don’t have to imagine what kind of ignoramous he would appoint. He already appointed the anti-constitutionalist Justice Sonya Sotomayor.

ranzofola on January 30, 2010 at 4:16 PM

Alito had no reason to keep to tradition, again and again our boy President breaks traditional good manners first.

Reasonable people have to fight back against attacks like this because Obama’s propaganda will have dangerous real world consequences down the road.

At the end, Jan giggles and shrugs her shoulders and says there’s nothing the President can do about it… unfortunately it’s called Presidential appointments to the Court, so yes, yes he can do something about it.

scotash on January 30, 2010 at 7:55 PM

I know who looked ridiculous :)

For those with a legal bent I do think you should read through that judgment in the Citizens United case. The majority judgment is all about the first amendment right to free speech.

I might be a foreigner but I do think people need to read for themselves as to what was really struck down.

In essence, s441(b) was the clause that was struck down. It is the same clause that was considered and struck down as unconstitutional in Buckley and Bellotti.

The court was not considering the issue of foreign entities, and neither did it strike down the specific provisions relating to foreign entities. From what I have been reading they remain.

For this reason, the reaction from Alito, which was caught without his knowledge was justified. What Obummer said was a bare-faced lie, and this is ditto regarding what has been coming from the DNC and its army of trolls.

maggieo on January 31, 2010 at 7:12 PM