POTUS knocking SCOTUS

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  • cowboy
    Homer Weems
    • Dec 2008
    • 5740

    #1

    POTUS knocking SCOTUS

    How common is it for a president to criticize Supreme Court rulings? Was last night a breach of protocol, or was it something that every president does, or (more likely) something in between?

    Legislative and Executive branches take jabs at each other all the time, but I don't recall a sitting president knocking the SCOTUS before, especially in the SOTU address.
    sigpic
    "Outlined against a blue, gray
    October sky the Four Horsemen rode again"
    Grantland Rice, 1924
  • Color Me Badd Fan
    Senior Member
    • Jan 2009
    • 12519

    #2
    Originally posted by cowboy View Post
    How common is it for a president to criticize Supreme Court rulings? Was last night a breach of protocol, or was it something that every president does, or (more likely) something in between?

    Legislative and Executive branches take jabs at each other all the time, but I don't recall a sitting president knocking the SCOTUS before, especially in the SOTU address.
    The only precedent I can think of is when FDR threatened to pack the court when they kept on ruling that some of his New Deal programs were unconstitutional because of the Commerce Clause. FDR's threat is cited as a big reason why the GOP made some significant gains in the midterm election when the controversy was going on.

    What's not mentioned is that FDR's threat probably worked. After he made the threat, the Supreme Court shifted its stance on the Commerce Clause pretty significantly.
    Part of it is based on academic grounds. Among major conferences, the Pac-10 is the best academically, largely because of Stanford, Cal and UCLA. “Colorado is on a par with Oregon,” he said. “Utah isn’t even in the picture.”

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    • Pheidippides
      Liberal Feminazi
      • Nov 2008
      • 14759

      #3
      Originally posted by cowboy View Post
      How common is it for a president to criticize Supreme Court rulings? Was last night a breach of protocol, or was it something that every president does, or (more likely) something in between?

      Legislative and Executive branches take jabs at each other all the time, but I don't recall a sitting president knocking the SCOTUS before, especially in the SOTU address.
      One thing to note is that Obama was a Con Law professor. So he's not completely out of his field. I think it was a pretty bad breach of protocol, though.
      Awesomeness now has a name. Let me introduce myself.

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      • creekster
        It is NOT a monkey!
        • Nov 2008
        • 22661

        #4
        my guess is some POTUS has complained about Roe v Wade?
        PLesa excuse the tpyos.

        Comment

        • Clark Addison
          Senior Member
          • Nov 2008
          • 10302

          #5
          I don't particularly like to see him whining about the Supremes in the SOTU.

          Comment

          • happyone
            Board Bookworm
            • Mar 2009
            • 5398

            #6
            I don't ever remember a president specifically taking a shot at the SCOTUS during the State of the Union, esp a recent decision.

            During the normal day to day politics, I seem to remember that they have expressed disappoinment in some of there decisions although I couldn't link to anything specific right now.

            I may be small, but I'm slow.

            A veteran - whether active duty, retired, or national guard or reserve is someone who, at one point in his life, wrote a blank check made payable to, "The United States of America ", for an amount of "up to and including my life - it's an honor."

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            • byu71
              Senior Member
              • Nov 2008
              • 22070

              #7
              I think it is OK for them to express displeasure, but I don't know if a State of the Union with the cheering and clapping atmosphere is the right place. I would like to think discussion dealing with Court Decisions are more dignified than at a pep rally.

              However, what really bugs me are the progressive pundits who are appalled that one of the Judges mouthed disagreement. Is the State of the Union a place where the President is allowed to act like he loves bi-partisanship and then rip on anyone he disagrees with??

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              • beefytee
                Board eye candy
                • Mar 2009
                • 7542

                #8
                Originally posted by creekster View Post
                my guess is some POTUS has complained about Roe v Wade?
                I assume we're talking about a sitting President being critical of a sitting court's decision.

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                • UtahDan
                  *
                  • Nov 2008
                  • 14496

                  #9
                  I find nothing wrong with what he said, other than the setting he said it in. Almost any other would be okay. But with the Justices sitting there, it is poor form.

                  EDIT: What I mean is I don't mind him saying it. I think he is wrong on the merits.

                  Comment

                  • creekster
                    It is NOT a monkey!
                    • Nov 2008
                    • 22661

                    #10
                    Originally posted by beefytee View Post
                    I assume we're talking about a sitting President being critical of a sitting court's decision.

                    http://en.wikipedia.org/wiki/Roe_v._...tial_positions
                    fair enough, which is a refinement of this orioginal quesiton:

                    How common is it for a president to criticize Supreme Court rulings?
                    PLesa excuse the tpyos.

                    Comment

                    • thesaint258
                      aka Benito Hazard
                      • Jan 2009
                      • 3005

                      #11
                      I don't have a problem with him disagreeing, but I don't think the State of the Union is the best forum. He should've discussed it in one of his many interviews, or the Press Secrtary should've addressed it in his briefing. I think either of those would have been more appropriate.
                      Not that, sickos.

                      Comment

                      • wuapinmon
                        Soul Plumber
                        • Dec 2008
                        • 30711

                        #12
                        I am enjoying this delicious ironies in my conservative friends on facebook ripping on the President for ripping on the justices of SCOTUS, like suddenly they're champions of the Court that they <redacted> on every time they talk about politics.
                        "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
                        The rest of us rarely bother to think about our actions." --Solon

                        Comment

                        • cowboy
                          Homer Weems
                          • Dec 2008
                          • 5740

                          #13
                          Originally posted by wuapinmon View Post
                          I am enjoying this delicious ironies in my conservative friends on facebook ripping on the President for ripping on the justices of SCOTUS, like suddenly they're champions of the Court that they <redacted> on every time they talk about politics.
                          Are you saying there is no difference between normal citizens harshly criticizing the justices in fora that are seen by relatively few and a president, knowing he will be met with a standing ovation, criticizing them when they are sitting right in front of him on national television?
                          sigpic
                          "Outlined against a blue, gray
                          October sky the Four Horsemen rode again"
                          Grantland Rice, 1924

                          Comment

                          • byu71
                            Senior Member
                            • Nov 2008
                            • 22070

                            #14
                            Originally posted by wuapinmon View Post
                            I am enjoying this delicious ironies in my conservative friends on facebook ripping on the President for ripping on the justices of SCOTUS, like suddenly they're champions of the Court that they <redacted> on every time they talk about politics.
                            How to you feel about the Justice who mouthed back something like "you're wrong."

                            Comment

                            • wuapinmon
                              Soul Plumber
                              • Dec 2008
                              • 30711

                              #15
                              I think that the entire thing would be even more disrespectful, like it was for decades, if the TV cameras weren't there capturing everything live.

                              We've got some funny ideas about propriety. Watch the British Parliament sometime.

                              [YOUTUBE]<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/TsAa9VmwOaI&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/TsAa9VmwOaI&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>[/YOUTUBE]
                              "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
                              The rest of us rarely bother to think about our actions." --Solon

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