Alex Wong/Getty Images
Supreme Court Chief Justice John Roberts
ruffled feathers Tuesday when he criticized Obama for
scolding
the Supreme Court during his State of the Union address in January. Speaking to
law students at the University of Alabama, Roberts called the speech a
"political pep rally":
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 the
requirements of protocol — has to sit there expressionless, I think is
very troubling.
Does the justice have a point? Here's how bloggers are reflecting on the federal feud:
- Obama's Speech Did Cross a Line, writes Andrew Malcom
at The Los Angeles Times: "It is not at all unusual in American history
for the executive branch of the federal government (the White House,
under the control of either party) to disagree with the judicial branch
(Supreme Court). What is considerably more unusual is for the chief
executive of the executive branch (Barack Obama) to look down on the
members of said Supreme Court in public at a joint session of Congress
and to their faces denounce their independent actions. And then to
receive a resounding ovation from fellow Democrats standing to applaud
and cheer Obama as the surrounded justices sat mute, motionless and
unable to respond."
- Roberts Has a Nuanced Argument, writes James Joyner
at Outside the Beltway: "Unlike the president and Congress, the Court
is not an elected, political institution. They’re supposed to be
impartial arbiters separate from politics. That’s a transparent
fiction, of course, but one that must be maintained. If the Supreme
Court is finally revealed to be nothing more than a band of partisans,
their authority will vanish... Roberts isn’t arguing that the Justices
should get to shout 'You lie!' when they’re insulted. He’s merely
questioning whether they should attend political speeches where they’ll
be scolded."
- Please...Roberts Is a Hypocrite, writes Glenn Greenwald
at Salon: "What makes Roberts' petty, self-absorbed grievance all the
more striking is that this is what judges do all the time. It's the
essence of the judicial branch. Federal judges are basically absolute
tyrants who rule over their courtroom and those in it with virtually no
restraints. They can and do scold, criticize, berate, mock, humiliate
and threaten anyone who appears before their little fiefdoms --
parties, defendants, lawyers, witnesses, audience members -- and not
merely "decorum," but the force of law (in the form of contempt
citations or other penalties), compels the target to sit silently and
not respond."
- Will There Be Payback? wonders Bruce McQuain
at QandO: "I wouldn’t want to be representing the administration in the
SCOTUS anytime soon on a controversial issue that the court must hear.
I would imagine that some on the court will come as close as tradition
allows to making the point that two can play this game. Of course the
difference will be it won’t be on national TV in prime time."
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