SCOTUS: Obama’s Chickens Coming Home to Roost?
It is looking like President Obama may be paying for the bad karma he exhibited during his 2010 State of the Union speech. Mr. Obama traveled the very unusual path of directly criticizing a Supreme Court decision with the justices present. The New York Daily News reports that the president’s criticism of the Citizens United decision may not have sat well with Associate Justice Anthony Kennedy.
The 74-year old jurist was the deciding vote in the 5-4 decision and wrote the majority opinion. The case overturned federal limits on corporate and union contributions to political campaigns. Democrats attacked the decision as a major victory for “special interests” – meaning non-liberals.
How might Justice Kennedy be showing his displeasure over Mr. Obama’s in-your-face critique?
The Daily News reports that Mr. Kennedy has told friends he will serve at least three more years. In other words, he is going to wait until after the 2012 presidential election to keep the president from appointing a consistently liberal justice to replace him.
Mr. Kennedy was a Reagan appointee, but like former Justice Sandra Day O’Connor was not an assured conservative vote on the court. However, recently Kennedy sided with Justices Scalia and Thomas in many close votes. For example, Kennedy voted in favor of overturning Chicago’s handgun ban ordinance.
The president may be learning that it is not smart politics to attack people with lifetime tenure with the power to restrict his activist liberal agenda.
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