January 31, 2010

Did Justice Alito Dispute President Obama's State Of Union Speech?

Highlight of a President’s account to Congress and the nation about his past year’s performance -- and plans for the future – is his annual speech to a joint session of Congress and government dignitaries.  It is proper pomp and circumstance.

As usual, members of the President’s political party rose to their feet to clap and cheer when he made a particularly effective statement.  U.S. Supreme Court justices attend as an important branch of government, but refrain (usually) from clapping or expressing personal opinion of presidential statements.

ALITO SHAKES HIS HEAD

Audience reaction last week went favorably -- as usually expected – until Obama said:

“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.”

In the front row of the audience, Justice Alito could be seen shaking his head and apparently saying: “Not true.  Not true.”

UNLIMITED RIGHTS

As The New Yorker magazine points out:

“There’s a big issue and a small issue here.  The first concerns the specific nature of the dispute about the Court’s ruling in Citizens United v. FEC.

“In that five-to-four decision, written by Justice Anthony Kennedy and joined by Alito,  the Court held that corporations, labor unions and other organizations have the right under the First Amendment to the U.S. Constitution to spend unlimited amounts of money to influence the outcome of elections.

“Obama may have been overstating the point when he said foreign companies now had the same unlimited rights to participate in our elections.

“The Court’s opinion carefully said it was not deciding the issue with regard to foreign entities.  Therefore, the Court may give the green light to these foreign companies – but it hasn’t done so yet.

“In time, though, Congress will or will not pass a law to revive the limits on corporate spending, and the Court will or will not reject that effort as well.”

JOINT SESSION

President Obama’s speech to a joint session of Congress was somewhat conciliatory to the Republican side of the aisle.

Still fresh in everyone’s mind was the special election in Massachusetts wherein State Senator Scott Brown won the seat of Democrat U.S. Senator Edward Kennedy who died recently.

Brown’s victory is the first for the Republicans in Massachusetts since 1972.

PARTING SHOTS

Don’t talk about your troubles.  Eighty percent of the people who hear them don’t care, and the other 20 percent are glad you’re having trouble.

A conclusion is the place where you get tired of thinking.

President Kennedy had good advice:  “Forgive your enemies, but never forget their names.”

By Lindsey Wilger Williams, retired newspaper publisher and syndicated columnist