Justice Alito Not Pleased With Obama's "False" Comments...Demogoguery

Justice Alito Mouths "Not True"

POLITICO's Kasie Hunt, who's in the House chamber, reports that Justice Samuel Alito mouthed the words "not true" when President Barack Obama criticized the Supreme Court's campaign finance decision.

"Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections," Obama said. "Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by foreign entities. They should be decided by the American people, and that’s why I’m urging Democrats and Republicans to pass a bill that helps to right this wrong."

The shot of the black-robed Supreme Court justices, stone-faced, was priceless.

Sen. Chuck Schumer (D-N.Y.) stood up behind the justices and clapped vigorously while Alito shook his head and quietly mouthed his discontent.

Schumer and Rep. Chris Van Hollen (D-Md) are trying to find a way to legislate around the Supreme Court decision.

"All you have to do is read the dissent, the four justices who said this will defintely open the floodgates to big corporate special interests. Anybody who thinks that's not true is out of touch with the American political process." Van Hollen said.

Van Hollen told POLITICO he expects to unveil the package in the next 10 days to two weeks.

Rep. Anthony Weiner (D-N.Y.) was glad the president called out the Supreme Court.

"He [Alito] deserved to be criticized, if he didn't like it he can mouth whatever they want," Weiner said. "These Supreme Court justices sometimes forget that we live in the real world. They got a real world reminder tonight, if you make a boneheaded decision, someone's going to call you out on it."

But one conservative legal expert took sides with Alito -- at least on the substance of Obama's comments.

“The President’s swipe at the Supreme Court was a breach of decorum, and represents the worst of Washington politics — scapegoating ‘special interest’ bogeymen for all that ails Washington in attempt to silence the diverse range of speakers in our democracy,” said Bradley A. Smith, chairman of the Center for Competitive Politics, in The Corner blog on Nationalreview.com




President Wrong on Citizens United Case

Last night Pres. Obama engaged in Demogoguery of the worst kind, when he claimed that last week's Supreme Court decision in Citizens United v. FEC, "opened the floodgates for special interests — including foreign corporations — to spend without limit in our elections. Well I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities."

The president's statement is false.

The Court held that 2 U.S.C. Section 441a, which prohibits all corporate political spending, is unconstitutional. Foreign nationals, specifically defined to include foreign corporations, are prohibiting from making "a contribution or donation of money or ather thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State or local election" under 2 U.S.C. Section 441e, which was not at issue in the case. Foreign corporations are also prohibited, under 2 U.S.C. 441e, from making any contribution or donation to any committee of any political party, and they prohibited from making any "expenditure, independent expenditure, or disbursement for an electioneering communication... ."

This is either blithering ignorance of the law, or Demogoguery of the worst kind.

Bradley A. Smith is Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School


Sources: Politico, National Review, The Corner