Justice Alito's reaction to President Obama's criticisms (perfectly appropriate criticisms imo) of the Citizens United decision (PDF) has led to criticism of Justice Alito's actions. Glenn Greenwald writes:
[T]he behavior of Justice Alito at last night's State of the Union address -- visibly shaking his head and mouthing the words "not true" when Obama warned of the dangers of the Court's Citizens United ruling -- was a serious and substantive breach of protocol that reflects very poorly on Alito and only further undermines the credibility of the Court. It has nothing to do with etiquette and everything to do with the Court's ability to adhere to its intended function.
There's a reason that Supreme Court Justices -- along with the Joint Chiefs of Staff -- never applaud or otherwise express any reaction at a State of the Union address. It's vital -- both as a matter of perception and reality -- that those institutions remain apolitical, separate and detached from partisan wars.
I think this analysis is fundamentally wrong. I'll explain why on the flip.
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