Obama Flunks Con Law

There are three things to say about Obama’s comments on the Citizens United case and Justice Alito’s apparent response:

First, Obama flunks Con Law. If you’ve read the decision (and my take on it is here), you know that Obama’s characterization of it is simply wrong. Either Obama didn’t read the opinion or didn’t understand it or was perfectly willing to mischaracterize it for political gain. The Court expressly left standing the prohibition of campaign contributions from foreign corporations.

Second, Justice Alito should have sat in stoic silence as Supreme Court justices typically do. His reaction was a small breach of decorum, preceded by the much larger breach of Obama’s comments. Obama was the instigator. He broke a basic rule: if you want respect, you show respect. He knowingly invited his cohorts to pile on by applauding his mischaracterization of the Court’s decision. Obama essentially tied his opponent up, and sucker-punched him with all his buddies backing him up. That, more than anything, made Obama look small and petty. Alito was not on stage. Obama was.

Third, there is a theme developing in the blogosphere that I find most interesting. Ann Althouse notes the contrast between the impact of Alito’s tiny statement with that of Obama:

Isn’t it fascinating that the lengthy, amplified, magnified speech of the most powerful man in the world with his big captive audience — in the magnificent room and in smaller rooms all over the country — are outweighed by one man’s headshake and silent mouthing of 2 or 3 words?

And isn’t it ironic that, right when we saw the judge’s minimalist expression that overwhelmed the President’s torrent of words, Obama was railing about the “powerful interests” that would use their great wealth to speak far too much during election campaigns?

In a similar vein, Paco observes that Alito’s voiceless comment, coming in the midst of Obama’s bluster, was akin to Elijah:

“Go out and stand before me on top of the mountain,” God said to Elijah. Then God passed by and sent a furious wind that split the hills and shattered the rocks – but God was not in the wind. The wind stopped blowing, and then there was an earthquake – but the Lord was not in the earthquake. After the earthquake there was a fire – but God was not in the fire. And after the fire there was the soft whisper of a voice. When Elijah heard it, he covered his face with his cloak and went out and stood at the entrance of the cave.  (1Kings 19:11-13 GNT)

Truth has its own power: the small, still voice.

But I detected a reaction from Justice Kennedy as well, and it is one that should concern Obama more. Without moving his lips or stirring even slightly in his chair, Kennedy, who has played footsie with the liberals on occasion, seemed to glare, “Never again.”  Let’s hope.