Ted Olson is irritated that President Obama criticized SCOTUS' decision in Citizens United v. FEC in the SOTUA last night.
“Other presidents have spoken out and scolded the Court before, usually liberals, like Franklin Roosevelt,” says Olson. “It’s not appropriate. Presidents should respect the justices.” The Citizens United case, he adds, “was not about corporations taking over the political process, but enabling everyone to participate in the political process and protecting free speech.”
I happen to think Mr. Olson was on the right side in Citizens United — a case I'll try to blog about when I'm not quite so under the gun. I also like the policy view he is taking in Perry v. Schwartzenegger, even if I think his legal theory is rather more tenuous under current law than he does.
That said, I have to ask: really, Ted, really? It's liberals who mostly scold the Court? Because I could have sworn that I heard over the last decade that the Supreme Court was making Americans less safe whenever they took the most modest step to place limits on executive power to conduct the Great War on Terror. I can also remember a whole lot of caterwauling over SCOTUS abolishing the death penalty for juveniles, or saying that consensual adult same-sex intercourse can't be criminalized. I could have sworn that most of that criticism didn't come from "liberals", whatever that word means any more.
Of course, as illustrated by a recent example Radley Balko pointed out, political characterizations that require the terms "liberal" or "conservative" to operate can generally be relied upon to be bullshit.
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