Thursday, January 28, 2010

Alito's State of the Union moment

Justice Samuel A. Alito Jr. responded to President Obama's criticism Wednesday night of a Supreme Court decision last week by appearing to mouth the words "not true."

Obama took issue with a ruling that overturned two of the court's precedents and upended decades of restrictions on corporations being able to use their profits to finance campaigns for and against candidates.

It proved to be a striking State of the Union moment: With six justices seated in their black robes directly in front of him in the House chamber, Obama said: "With all due deference to separation of powers, last week the Supreme Court reversed a century of law that, I believe, will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections."

As Democrats applauded, cameras showed the justices sitting expressionless. Except for Alito.

"Not true, not true," he appeared to say, as he shook his head and furrowed his brow.

"I don't think American elections should be bankrolled by America's most powerful interests or, worse, by foreign entities," Obama continued. "They should be decided by the American people. And I urge Democrats and Republicans to pass a bill that helps correct some of these problems."

The court's 5 to 4 decision, in which Alito was in the majority, said it did not have to address the question of electoral spending by foreign corporations, because the law being considered did not differentiate between domestic and foreign corporations. But Democrats have seized on the issue as a way to highlight legislation in response to the court's ruling. There are restrictions on foreign participation in U.S. elections that were not part of the case, Citizens United v. Federal Election Commission.



read rest at http://voices.washingtonpost.com/44/2010/01/alito-mouths-not-true-at-obama.html?wprss=44

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