In Washington and in public debate, response to the dust-up split down partisan lines. Conservatives took issue with Obama’s criticism of the court, and liberals decried Alito’s breach of protocol. Outside of Washington, though, recent polling has shown that the decision is widely unpopular with Americans across the ideological spectrum. WHAT DOES THIS HAVE TO DO WITH THIS ARGUMENT? WHAT IS THIS BUT A DEFENCE OF OBAMA BULLYING THE SUPREME COURT WHILE NONE OF THEM COULD RESPOND?
Of course, Roberts wasn’t always so hands-off with the Supreme Court. When he worked for the Reagan administration, he was an aggressive public advocate pressuring the Court and was privately highly critical of how it organized its own business. IS THIS SUPPOSED TO DRAW SOME CONNECTION BETWEEN ALITO BEING CRITICAL OF THE COURT WHILE A PRIVATE CITIZEN AND OBAMA TAKING ADVANTAGE OF THE OPPORTUNITY TO DO THE SAME IN A PUBLIC VENUE AND WHILE AN ELECTED OFFICIAL? SUCH A POOR LOGICAL MOVE…OR A REALLY SUBTLE MANIPULATIVE TOOL.
And for all the hubbub, it’s worth recalling that smack-downs between the two branches of government, while rare, are not unheard of. ONCE AGAIN, THIS HAS NOTHING TO DO WITH OBAMA’S PUBLIC ASSAULT ON THE COURT AND DISREGARD FOR THE SEPARATION OF POWERS. AT LEAST HE MENTIONS FDR. THIS IS THE APPROPRIATE ANALOGY. In his memoir, President Clinton was critical of the 2000 Bush v. Gore decision that ended that year’s election; Nixon fumed about the Burger Court’s ruling that he couldn’t protect himself during Watergate with “executive privilege;” and way back in 1936, Franklin Roosevelt proposed an additional three justices to the Court so that he could appoint them himself and skew the Court’s decisions in favor of his New Deal proposals.
But it is somewhat rare that these battles are as public or intense as this one appears to be getting. That may be because the Court’s decision was an historic one justifying intense debate, or it may be because politics are getting more conflict-driven across the board. ONCE AGAIN, THE LEFT BRINGS THIS UP WHEN THEY ARE IN THE WRONG.