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Criticizing the Supreme Court

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There is lots of talk this morning about President Obama's criticism of the Citizens United decision. They come in mostly two flavors: (1) claims that it is improper for the President to criticize a Supreme Court decision; and (2) claims that the President was simply wrong in his characterization of the decision.

The first is nonsense. Fox News Channel had a "legal analyst" this morning who was particularly obnoxious. Want to see some other presidents who have criticized Supreme Court decisions? Look at Mt. Rushmore. Look at the change in your pocket. With the exception of George Washington, who didn't live to see judicial activism, every great president has criticized it. In his first inaugural address, President Lincoln took a well deserved swipe at an opinion of the man who had just sworn him in.

The merits of the criticism are another matter. Justice Alito shook his head and apparently mouthed "not true."  See also this story by Robert Barnes in the WaPo and David Kirkpatrick's comment in this NYT story.  Tony Mauro has multiple posts at the BLT. Even Linda Greenhouse says the President's description was "imprecise." I won't express an opinion on the merits, as it is off-topic for the blog and I profess no expertise in the area. As a general matter, though, if the President is going to criticize the Supreme Court, he needs to get it right.

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Blog Scan from Crime and Consequences Blog on January 28, 2010 3:03 PM

State of the Union Draws Reaction for a Justice:  As Kent noted earlier today, President Obama's State of the Union address offered up some harsh criticism for the Court's recent decision in Citizens United v. F.E.C.  Linda Greenhouse writes ... Read More

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