Obama owes the Supreme Court an apology

This is not to deny that the Supreme Court may be criticized. I do it regularly in class, op-eds, blog posts, and in the pages of law reviews. So too should the president when he thinks the Court is wrong. But not when the justices are in attendance as a courtesy to him, seated as a captive audience on national television, while surrounded by hundreds of his political partisans. Imagine the howls if the president had been a guest in the House of Commons when the British prime minister called him out for failing to live up to his promises in Copenhagen about imposing a carbon tax.

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Judge not the words themselves, but their effect on the audience. The president fully expected that his hundreds of supporters in the legislative branch would stand and cheer, while the justices remained seated and silent, unable to respond even afterward. Moreover, the president’s speech was only released about 30 minutes before the event, after the justices were already present. In short, the head of the executive branch ambushed six members of the judiciary, and called upon the legislative branch to deride them publicly. If you missed it, check the YouTube video. No one could reasonably believe in their heart that this was respectful behavior.

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