AFTER THREATENING JUDGES REPUBLICANS RUSH TO ALITO’S DEFENSE

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While legal analysts like Glenn Greenwald and Jonathan Turley lamented Justice Samuel Alito’s “serious and substantive breach of protocol” during last night’s State of the Union address, conservatives are predictably apoplectic about President Obama’s temerity in questioning the Supreme Court’s campaign finance decision in that setting. As it turns out, the right-wing hypocrisy in defense of Alito is double. After all, President Bush didn’t just routinely use the State of the Union to castigate “activist judges.” For years, Bush’s amen corner in the conservative movement threatened judges to bring them in line.

Bush’s Supreme politicking during his State of the Union speeches was a regular fixture of his presidency. For three straight years (2004, 2005 and 2006), President Bush denounced “activist judges” and insisted “for the good of families, children and society, I support a constitutional amendment to protect the institution of marriage.” On the very day Samuel Alito joined the Roberts Court, Bush used his 2006 SOTU for a victory lap:

“The Supreme Court now has two superb new members — new members on its bench: Chief Justice John Roberts and Justice Sam Alito. I thank the Senate for confirming both of them. I will continue to nominate men and women who understand that judges must be servants of the law and not legislate from the bench.”

Nevertheless, Republican leaders feigned outrage over President Obama’s criticism Wednesday of the Court’s Citizens United decision last week. Utah Senator Orrin Hatch called it “rude,” adding “It’s one thing to say that he differed with the court but another thing to demagogue the issue while the court is sitting there out of respect for his position.” Texan John Cornyn took it a step further, calling Obama’s strong disagreement with the Court “hysterical” and insisting:

“I don’t think the president should have done what he did in trying to call out the Supreme Court for doing its job. They are the final word on the meaning of the United States Constitution, even when we don’t like the outcome.”

Of course, back in 2005, John Cornyn was one of the GOP standard bearers in the conservative fight against so-called “judicial activism” in the wake of the Republicans’ disastrous intervention in the Terri Schiavo affair. On April 4th, Cornyn took to the Senate floor to issue a not-too-thinly veiled threat to judges opposing his reactionary agenda. Just days after the murders of one judge in Atlanta and the family members of another in Chicago, former Texas Supreme Court Justice Cornyn offered his endorsement of judicial intimidation:

“I don’t know if there is a cause-and-effect connection, but we have seen some recent episodes of courthouse violence in this country…And I wonder whether there may be some connection between the perception in some quarters, on some occasions, where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in, engage in violence.”

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Professor Mike

Professor Mike is a left-leaning, dog loving, political junkie. He has written dozens of articles for Substack, Medium, Simily, and Tribel. Professor Mike has been published at Smerconish.com, among others. He is a strong proponent of the environment, and a passionate protector of animals. In addition he is a fierce anti-Trumper. Take a moment and share his work.
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14 years ago

Wow Mike, you hit it on the head bro.

14 years ago

They may not work with the president, but evidently he will be able to rip them new ones every month in his “monthly meetings” that he mentioned at the SOTU…I saw that started today…oh, there’s a post about it…lemme go see 🙂

14 years ago

They, the GOP, are so full of it, and why can’t people see through them? Is it because they simply don’t want to face up to the history/truth that’s in plain sight. Or are they simply irgnorant as hell? Good piece.

14 years ago

MIKE – Just another brick in the wall of hypocrisy, that Republicans are feverishly erecting daily.

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