Commentary Magazine


RE: Lawyers Should Cheer

Jan Crawford (h/t Glenn Reynolds), among the best of the mainstream media Supreme Court reporters, socks it to the White House for its juvenile insistence on getting the last word on its running spat with the Court. After Chief Justice John Roberts made the fine suggestion that the Court should abstain from the State of the Union, Robert Gibbs seemed to make Roberts’ point for him by replaying the president’s slap at the Court. (“What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections – drowning out the voices of average Americans.”) Crawford thinks this is ridiculous:

But after Chief Justice John Roberts made some entirely reasonable remarks yesterday — and White House Press Secretary Robert Gibbs just had to respond — it’s now getting ridiculous. Whether the White House has a short-term or long-term strategy or no strategy at all, it’s flat-out absurd and ill-advised for the administration to think it should always have the last word. It’s like my 6-year-old: “I don’t LIKE your idea. I like MY idea.”

She continues:

This administration is going to have to be dealing with this Supreme Court for at least three more years, if not more. Its lawyers are going to have to appear before these justices to defend presidential initiatives or federal laws in case after case, big and small.

I’m not suggesting they won’t get a fair shake simply because the White House is trying to stick it to the conservative justices. George Bush repeatedly got slapped down by this Court, even though he never lashed out at the justices.

But at some point — and I’d say that point is now — the Obama Administration is working against its interests.

They’d do well to remember that on a lot of the issues they care about, the Supreme Court gets to decide. No matter how much they stomp their feet and shout, “I don’t LIKE your idea; I like MY idea,” the Supreme Court is going to get the last word.

This is par for the course at this White House. It’s the perpetual rat-tat-tat, the quintessential campaign quick-response mode. There is no respect for the Chief Justice or the Court as an institution, nor for the point the Chief Justice was making: that it’s unseemly for the Court to appear and to get dragged into partisan brawls. In their partisan vitriol, the Obami, of course, proved the Chief Justice’s case. But then, self-awareness was never the White House’s strong suit.