Commentary Magazine


RE: RE: Lawyers Should Cheer

I totally agree with Jennifer about Jan Crawford’s put down of the Obami for trying to make the Supreme Court a political issue. Perhaps they should remember that even FDR got his head handed to him when he tried to adjust the political balance on the Court in 1937. And that was just after the greatest presidential landslide in American history up to that time, when Roosevelt’s political capital was at its peak. (Memo to the Obama political team: your boss tied his all-time low today in the Rasmussen Daily Tracking Poll — minus 21.) The American people, it seems, just don’t like politicians — even great ones — mucking about with the Court.

I was also struck by what Robert Gibbs actually said: “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.” That simply is not true, as Justice Alito so eloquently and silently pointed out at the State of the Union speech.

And what is really troubling is that the President’s press secretary doesn’t seem to know what the Supreme Court does in the American system of government. It doesn’t decide cases on the basis of what it prefers (at least it’s not supposed to), as the political branches do, but on what it thinks the Constitution requires.  Does Gibbs really think the Court should have chucked the Constitution to do the Administration’s bidding?

Yeah, come to think of it, he probably does.