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Thursday, January 28, 2010

Justice Calls Obama Out On Untruth

It wasn't quite "You lie!" but a shaking of the head and a muttered rebuke from Supreme Court Justice Samuel Alito has called attention to one of President Barack Obama's more daring exaggerations during the State of the Union address Wednesday night.

The moment came a little more than halfway into Obama's speech, when the president criticized the high court's landmark decision last week overturning limits on campaign spending by corporations.

"With all deference to the separation of powers, the Supreme Court reversed a century of law to open the floodgates for special interests – including foreign corporations – to spend without limit in our elections," Obama said, before calling on Congress to pass a law in response to the ruling that "helps to right this wrong."

Alito, appointed to the court by President George W. Bush in 2005, voted with the majority in the decision, and as Obama voiced his criticism, he shook his head repeatedly and appeared to mouth "not true."

Obama's attack on the court was a sharp break on the unwritten rule of presidential addresses to Congress, since it is the President's duty to execute the law as interpreted by the court, and not undermine it publicly. Moreover, Obama's spin of the opinion was more fiction than fact. The reversal of the restrictions does not allow foreign owed companies to spend money in elections, although partially owned subsidiaries maybe eligible. (However, Congress is expected to address that loophole.)

The response by Alito immediately drew hackles from liberal bloggers, who compared it to the moment in Obama's health care speech to Congress in September when Rep. Joe Wilson of South Carolina shouted "You lie!" at the president. Such a comparison is probably valid, since Obama's remark in both instances was less than truthful.

Another notable departure during the campaign finance section came from the president himself. The qualifying line, "with all deference to the separation of powers," was not included in the official text of the speech sent to reporters. Perhaps Obama added it when he realized he would be criticizing the court with the justices sitting mere feet away from the podium. This was his first State of the Union speech, and he apparently didn't know how the court members were also invited. See Chick's NO LIARS IN HEAVEN.

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