By Evan Harris

Mar 12, 2010 6:56pm

Origins of the Obama/Roberts Conflict

Years before President Obama criticized the Supreme Court’s ruling on campaign finance reform at the State of the Union Address, then-Senator Barack Obama expressed fundamental disagreements with President Bush’s nominee for the Supreme Court, John Roberts.

Click here to watch George Stephanopoulos’ interview with Barack Obama on This Week from September 11, 2005.

Chief Justice Roberts reignited the tension on Tuesday when he told law students at the University of Alabama that “the image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court – according the requirements of protocol – has to sit there expressionless, I think is very troubling.”

User Comments

interesting tidbit from the recent past. I also recall some videos, and audio, when Obama was still in Chitown where he talks about how the Constitution/Courts (and even black Civil Rights movement) have been wrong and the Court/etc needs to focus to be “redistributive” and other stuff.
Not a “crazy” view -in his circles it would be a conservative view really-but its DEFINITELY in conflict with Robert’s view (or, indeed, the view of the people who wrote the Constitution.)

Posted by: Ed | March 12, 2010, 7:31 pm 7:31 pm

I think what Obama did is troubling, too. But that’s true of just about everything he does. Boy, did the people who voted for him get rudely awakened or what?

Posted by: tanarg | March 12, 2010, 7:36 pm 7:36 pm

I voted for him, and there’s been no rude awakening for me. I think David Brooks’s column on Obama is right on the money.
I do tend to agree with the specific concern of Roberts about the State of the Union setting.

Posted by: geh | March 12, 2010, 7:46 pm 7:46 pm

I still can’t believe Roberts was arrogant enough and inept enough to blow the Oath of Allegiance on Inauguration Day.
Too proud to read it from a piece of paper, not sharp enough to get it right.

Posted by: tierra | March 12, 2010, 7:49 pm 7:49 pm

The Supreme Court went further than just review a lower court’s decision. They had the attorneys come back and argue on a issue that was not part of the case.
Not all the Justices agreed with Robert’s opinion. Not all Justices came to the State of the Union address.
Everyone has opinions. Wearing a Black Robe or living at 1600 Pennsylvania St. will stop that.
Robert’s court did without question — went further than expected of them…and that makes them “Activist Judges” — a fundamentally disagreement with the other half of the court and the President.

Posted by: Pat | March 12, 2010, 7:53 pm 7:53 pm

I think it was Obama who reignited the tension when he did what he did at the State of the Union address.

Posted by: Chiara | March 12, 2010, 7:54 pm 7:54 pm

As one of the people that voted Obama in, no, I’ve not been rudely awakened. About all of his decisions thus far have been as to-the-point as the cumbersome political system of the country will allow. Fixing what George did to this country will take more than a year.
Apparently conservatives think that tough, gritty politics (oh wait, when the democrats do it it’s underhanded and dirty politics) can only be done by their side.

Posted by: Gene | March 12, 2010, 7:57 pm 7:57 pm

Oh tanarg Dear, I voted and worked hard to elect my President. Rude awakening not, all is well, Hope blooms.
We have to work together.

Posted by: Bud | March 12, 2010, 7:58 pm 7:58 pm

I mean … you remember that the other choice was Maverick McSame and Caribou Barbie ?

Posted by: Bud | March 12, 2010, 7:59 pm 7:59 pm

Chief Justice Roberts says the SOTU has become nothing but a pep rally.
That also describes the MSM.
One big pep rally for Obama.

Posted by: mick | March 12, 2010, 8:17 pm 8:17 pm

It isn’t that Obama criticized the ruling. That is his right as president and a citizen. It was the place that he criticized it that was inappropriate. And if anyone is arguing otherwise, it is for partisan reasons only.
I hope there are 9 empty seats in that row from now until Obama leaves office. They are invited guests at that event. They should be treated like invited guests. Since they weren’t, they should decline the invitation. Enmasse.

Posted by: Axey | March 12, 2010, 8:21 pm 8:21 pm

Roberts is entirely correct. The SOTU is not a forum for the President to knock the Supreme court.It was boorish and insulting to a co-equal branch of government;I guess it is too much to expect this tyro to adhere to normal protocol.

Posted by: Nephron | March 12, 2010, 9:24 pm 9:24 pm

Roberts is entirely correct. The SOTU is not a forum for the President to knock the Supreme court.
_________________________________
Who defines that what was done was correct or incorrect?

Posted by: tierra | March 12, 2010, 9:36 pm 9:36 pm

That would be the Governor General.

Posted by: Nephron | March 12, 2010, 9:38 pm 9:38 pm

I think it was Obama who reignited the tension when he did what he did at the State of the Union address.
Posted by: Chiara | Mar 12, 2010 7:54:37 PM
_________________________________
Perfect example of the Republican right revising history. Anybody who knows the Oath and watched the Inauguration knows Roberts got it wrong! Stunning.
(AFP) “As specified in the US Constitution, the word “faithfully” precedes the phrase “execute the office,” but the chief justice, in his first presidential inauguration, read that part of the oath incorrectly.
“Obama paused, apparently realizing something was wrong, and after an awkward moment Roberts repeated himself, but the chief justice stumbled again.”
Roberts got it wrong twice.

Posted by: tierra | March 12, 2010, 9:43 pm 9:43 pm

The Republican right is always on about the need to fight government power – until they get elected into office and then it’s everyone’s patriotic duty to defend government power.

Posted by: tierra | March 12, 2010, 9:49 pm 9:49 pm

Maybe he should have given the oath in front of the Peace Tower.

Posted by: Nephron | March 12, 2010, 9:53 pm 9:53 pm

It is unfortunate in this nation of oldest democracy that the state of union address meeting is not a forum for discussion and problem solving. The audience are not supposed to show disagreement after the prez make his prepared speech but applaud. In the parliament of UK, the members have chance to express their disagreement with the prime minister. Even in the House of the lord, the lords are not required to applaud after the Queen reads her annual state of the nation address.

Posted by: austin | March 12, 2010, 10:22 pm 10:22 pm

Obama is not the first president to criticize the Supreme Court during the State of the Union speech.
Reagan, George W. Bush and even Harding did the same thing.
Chief Justice Roberts would have seen more ‘hooting and hollering’ if he had seen the reaction of ordinary Americans the day after the ruling in question.
Everywhere I went that day, people were talking either in anger or despairingly, about how the ruling would give power to the wealthy corporations and even foreign ones to influence our elections. I know it is anecdotal, but a friend of mine who is 82, had tears in her eyes when she said, ‘What is happening to my country? How could the Supreme Court do this to us?’
Obama was right to criticize that ruling, as it endangers our election process, thus our very democracy.

Posted by: Lydia | March 12, 2010, 10:40 pm 10:40 pm

“the image of having the members of one branch of government standing up, literally surrounding the Supreme Court, …… Roberts
ooooo, the pres says he disagrees with the courts 5-4 decision… launch the nukes, we’re doomed..
The Chief Justice sounds ‘a scared’ and more than a little paranoid with that statement…. it’s not as if they were gonna get a beating from the assembled or something, …it’s not like
someone would suddenly shout out ‘you lie’……… wait a sec……

Posted by: PO'd | March 13, 2010, 1:16 am 1:16 am

Posted by: tierra | Mar 12, 2010 9:43:19 PM
Perfect example of the Republican right revising history. Anybody who knows the Oath and watched the Inauguration knows Roberts got it wrong! Stunning.
(AFP) “As specified in the US Constitution, the word “faithfully” precedes the phrase “execute the office,” but the chief justice, in his first presidential inauguration, read that part of the oath incorrectly.
“Obama paused, apparently realizing something was wrong, and after an awkward moment Roberts repeated himself, but the chief justice stumbled again.”
Roberts got it wrong twice.
——————-
Perfect example of the Democratic left being too stupid to be able to discern between “inauguration” and “State of the Union address,” yet feeling justified at running off at the mouth anyway.

Posted by: Chiara | March 13, 2010, 3:32 am 3:32 am

The Democratic left is always on about the need to fight government power – until they get elected into office and then it’s everyone’s patriotic duty to defend government power.

Posted by: Chiara | March 13, 2010, 3:33 am 3:33 am

We have to work together .we voted and worked hard to elect my President. Rude awakening not, all is well

Posted by: Ilan Ben Menachem | March 13, 2010, 10:11 am 10:11 am

Lack of judicial temperament has always been one of Roberts’ major failings.

Posted by: Flash Override | March 13, 2010, 3:06 pm 3:06 pm

The SOTU is a one man dog and pony.. let the POTUS say and do what he likes.. he’s not a lifetime appointee, he’s elected.. there is a huge difference. I was surprised that he would launch an attack about money spent in elections.. he seemed ok with spending more than his opponents.. I think unions should be considered the same as employers.. but it is his bully pulpit and it’s ok for him to express his opinion.. we are free to agree and disagree.

Posted by: DontGet818OnMeNow | March 13, 2010, 3:38 pm 3:38 pm

The Democratic left is always on about the need to fight government power – until they get elected into office and then it’s everyone’s patriotic duty to defend government power.
Posted by: Chiara
what’s the matter with you?
mentioning Dems-left and patriotism together in the same paragraph..? Everyone knows that only Republicans, ‘Conservatives’, Tea-Party, and John Birchers are patriotic.
of course the Dems use of ‘government power’ is to get HCR, and other ‘stuff’ like rescuing the country from the Bush disasterS…… Republican ‘government power’ is starting wars by mistake, torture, and wrecking the economy, and not paying for 2 tax cuts in the middle of 2 wars……
another’ instersing’ fact….
it’s amazing that the myth of republican fiscal responsibility and ‘smaller’ government is still believed by villagers of the right…… history shows Republicans are anything but….

Posted by: Ronnie Ray gun | March 13, 2010, 4:36 pm 4:36 pm

Obama probably thinks he would be a much better chief justice.. it’s sort of like his wannabe baller thing.. he’s a bit of a walter mitty in that respect…

Posted by: DontGet818onMeNow | March 13, 2010, 4:41 pm 4:41 pm

I wonder if the court is really reflective of the administration or party that appoints the members.. or are they truly independent jurists?

Posted by: DontGet818onMeNow | March 13, 2010, 4:48 pm 4:48 pm

Please read some history or at the very least use a search engine of reputable sites before jumping to conclusions.
Obama is not the first president to criticize the Supreme Court during a State of the Union speech.
Reagan, George W. Bush and even Harding did the same thing.
Chief Justice Roberts would have seen more ‘hooting and hollering’ if he had seen the reaction of ordinary Americans the day after the ruling in question.
Everywhere I went that day, people were talking either in anger or despairingly, about how the ruling would give power to the wealthy corporations and even foreign ones to change the outcome of our elections. I know it is anecdotal, but a friend of mine who is 82, had tears in her eyes when she said, ‘What is happening to my country? How could the Supreme Court do this to us?’
Obama was right to criticize that ruling, as it endangers our election process, thus our very democracy.
Jake, I am very disappointed that you didn’t include the list of other presidents who have criticized the Supreme Court during a State of the Union. Brush off those journalism skills, please.

Posted by: Lydia | March 13, 2010, 5:35 pm 5:35 pm

Lydia,
i’m pretty sure your friend was crying about what Obama is doing to our country. When people put so much faith in him, only to see him talk and act just like every other politician, it is truly sad.
I’m pretty sure the real issue with obama’s SOTU speech was that he was wrong in what he said about the ruling.

Posted by: John | March 13, 2010, 7:27 pm 7:27 pm

Obama is a “Constitutional scholar”?
Now what liberal “thinker” came up with
that abomination……which is repeated
ad nauseum by the MSM? This guy is
turning the law of the land into a
pretzel…..and the MSM applauds.

Posted by: Sir Toby Belch | March 13, 2010, 10:53 pm 10:53 pm

Obama doesn’t have a problem with the supreme court, he has a problem with the constitution.

Posted by: cindy | March 14, 2010, 10:28 am 10:28 am

Nowhere in this piece does it mention the number of times any POTUS has criticized the Supremes at the State of the Union address. This piece is reporting on Robert’s response, a response indicating what to him is a troubling lack of decorum and imagery.
Any such lack is not related to nor contingent upon the number of past Presidents who have criticized the Supreme Court during a State of the Union address. Which makes that info irrelevant to this article. Which makes your trying to inject it into the piece illustrative only of your reading and comprehension skills, perhaps your ability to reason, certainly your ability to stay on track and focus on only what is said rather than trying to twist the words and ideas of others to match what you believe they should be.
Wouldn’t have said anything but you’ve blabbed on twice so far in this thread alone, and somebody needs to point out that you’re off of the rails on this one. Have a nice day.

Posted by: DagnerMouse | March 15, 2010, 11:31 am 11:31 am

bama doesn’t have a problem now becoz power in his hands

Posted by: Ilan Ben Menachem | March 18, 2010, 5:39 am 5:39 am

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