The battle over Citizens United will continue as Congress looks for ways to rewrite the campaign finance laws to overcome the constitutional issues, and it is right and proper that Congress does so.

1. Legal Daily News Feature
Obama v the U.S. Supreme Court
By Joshua Nave
After President Obama publicly scolded the Supreme Court in his State of the Union Address, the blogosphere went crazy for a few days
arguing about decorum, tradition, and the independent judiciary.
03/13/10 adding ‘’Do you think John Roberts knows or cares how people
get elected?’’
Liberal pundits mostly attacked
Justice Alito for breaking tradition As a liberal, I cringed when I heard the President openly
during the speech by shaking challenge the Court during the State of the Union. While
his head and mouthing ‘’not true’’ while conservative I agree with his conclusions, I’m deeply troubled by any
commentators were critical of the President for using the attack on the independence of the judiciary and by the ever
State of the Union to attack the judicial branch. And although increasing rancor between liberals and conservatives. The
the political battle over Citizens United continues, the dustup independent judiciary relies on legitimacy to be effective.
between the President and the Court had more or less died When other branches of the government bring that legitimacy
out. into question, whether by politicizing the selection of federal
prosecutors and judges or by publicly attacking the Court’s
That all ended on Tuesday when Chief Justice Roberts, decisions, they weaken the perception of an unbiased legal
speaking at the University of Alabama law school, answered system.
a question on the topic. While acknowledging the importance
of free speech and the right to criticize the Court, he The battle over Citizens United will continue as Congress looks
also expressed displeasure at what he perceived to be a for ways to rewrite the campaign finance laws to overcome the
presidential lack of decorum, and went on to question why the constitutional issues, and it is right and proper that Congress
Court attends the speech. does so. That’s the way it is supposed to work. I join the Chief
Justice in urging Congress to back away from the practice of
Now the fray has drawn in the third branch of the government. asking judicial appointees partisan questions in order to score
Yesterday, Senator Harry Reid of Nevada, while speaking to political points, and I long for the day when all Americans-
a group of liberal bloggers, jumped feet first into the scuffle. liberals, conservatives, moderates, pundits, politicians and
According to this story in the Wall Street Journal’s Law Blog, citizens, can come together to find common ground instead
Senator Reid claimed that the justices of the Supreme Court of treating every disagreement as a black and white battle for
did not understand the practical ramifications of the decision, the soul of democracy.
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