In the event that this story is true, it would appear that President Obama’s classless low blow at the Supreme Court in this year’s State of the Union address may end up being significant for more than Alito’s silently mouthed rebuttal, after all:
Justice Kennedy, who turns 74 this month, has told relatives and friends he plans to stay on the high court for at least three more years – through the end of Obama’s first term, sources said.
That means Kennedy will be around to provide a fifth vote for the court’s conservative bloc through the 2012 presidential election. If Obama loses, Kennedy could retire and expect a Republican President to choose a conservative justice.
…
Without naming Kennedy, Obama was unusually critical of his majority opinion in the Citizens United case, handed down last January. That 5-4 decision struck down limits on contributions to political campaigns as an abridgement of free speech.
Obama called the ruling “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power … in Washington to drown out the voices of everyday Americans.”
He was so angry that he took the unusual step of blasting the decision in his Jan. 27 State of the Union address, with Kennedy and five other justices looking on.
In retrospect, it would appear that Obama’s decision to blast the Supreme Court in their presence may yet well constitute, in the words of Happy Gilmore, one of “your all-time backfires.” Under normal circumstances, it would be preposterous to suggest that a Supreme Court Justice would either change their vote or their decision about when to retire based on an insult (perceived or real) delivered by the man who would name their successor. In fact, the very suggestion is insulting to both the intelligence and integrity of the Justice in question, almost all of whom take a great deal of pride in being immune from allowing their personal prejudices and feelings to influence their decisions on the bench.
However, in Kennedy’s case, the suggestion is more than plausible; it is totally believable.
Recall that this is the same Justice, in Planned Parenthood v. Casey, who once argued that Roe v. Wade must not be overturned, lest the teeming masses of abortion protesters be encouraged to think that the almighty SCOTUS was subject to questioning:
The root of American governmental power is revealed most clearly in the instance of the power conferred by the Constitution upon the Judiciary of the United States and specifically upon this Court. As Americans of each succeeding generation are rightly told, the Court cannot buy support for its decisions by spending money and, except to a minor degree, it cannot independently coerce obedience to its decrees. The Court’s power lies, rather, in its legitimacy, a product of substance and perception that shows itself in the people’s acceptance of the Judiciary as fit to determine what the Nation’s law means and to declare what it demands.
…
The country’s loss of confidence in the Judiciary would be underscored by an equally certain and equally reasonable condemnation for another failing in overruling unnecessarily and under pressure. Some cost will be paid by anyone who approves or implements a constitutional decision where it is unpopular, or who refuses to work to undermine the decision or to force its reversal. The price may be criticism or ostracism, or it may be violence. An extra price will be paid by those who themselves disapprove of the decision’s results when viewed outside of constitutional terms, but who nevertheless struggle to accept it, because they respect the rule of law. To all those who will be so tested by following, the Court implicitly undertakes to remain steadfast, lest in the end a price be paid for nothing. The promise of constancy, once given, binds its maker for as long as the power to stand by the decision survives and the understanding of the issue has not changed so fundamentally as to render the commitment obsolete. From the obligation of this promise this Court cannot and should not assume any exemption when duty requires it to decide a case in conformance with the Constitution. A willing breach of it would be nothing less than a breach of faith, and no Court that broke its faith with the people could sensibly expect credit for principle in the decision by which it did that.
To an ordinary Supreme Court Justice possessed of some measure of humility, self-awareness, and respect for the rule of law, Obama’s direct frontal attack on Citizens United would surely be seen as nothing more than it was; the pompous grandstanding of a man desperately trying to appear “tough” on television.
However, as the above passage demonstrates, Anthony Kennedy is possessed of such a stunning level of arrogance and self-importance that he cannot help but view anyone who questions any of the sacred opinions issued by the Court as someone who must be subjugated to a proper understanding of the Court’s role uber alles as the final arbiter of Democracy and the Rule of Law itself.
By attacking an opinion that Kennedy himself authored while Kennedy himself was forced to sit stone-faced, Barack Obama may well have earned himself the right to be “tested by following” like so many who have dared to question Anthony Kennedy before him. And sadly (for Obama), it may yet be a version of Anthony Kennedy more adverse to his interests than the milquetoast and intellectually weak Kennedy would otherwise be; for even if Anthony Kennedy does not actually believe that, e.g., the Second Amendment is incorporated against the States by virtue of the Due Process Clause of the Fourteenth Amendment, the one thing he most certainly does believe is that no one should think himself to be above the Supreme Court of the United States. And right now, the person most in need of learning that lesson – hopefully repeatedly – sits in the White House.
Aaron Gardner
Steve Maley
KnightsofMalta
A case of the irresistable arrogance meeting
throwback59 Tuesday, July 6th at 9:43PM EST (link)the unmovable arrogance.
Except one is actually irresistable
Neil Stevens (Diary) Tuesday, July 6th at 10:19PM EST (link)And one is guaranteed to have to leave office.
RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules
Unlikely Voter: Poll Analysis, Election Projection.
“I rejoice that America has resisted.” – William Pitt, the Elder
They'll both be leaving office...
roscopico (Diary) Tuesday, July 6th at 11:02PM EST (link)And let us pray Kennedy outlasts Comrade Kickass. The hubris of each will linger in our law, politics, and society like herpes… but at least the vector of the disease will be gone.
No matter how incoherent Kennedy may be, he is th last remaining defense(?) against the Statist.
Once the contemptible Obama finishes his single term of “service”, may we have the numbers in the senate to install another Thomas or Scalia. Dear lord, our nation needs it.
Im Himmel gibt’s kein Bier…
You probably need...
soljerblue Wednesday, July 7th at 1:14PM EST (link)a pretty high degree of arrogance and self-confidence to counter the monumental arrogance of Obamao. Tell you what — whatever Mr. Justice Kennedy is or isn’t, he’s part of a body who’s legitimacy goes back a helluva lot further than that of one Barack Hussein Obama.
Don't PO the guy behind the tall desk! Doesn't Hahvud Law teach that?
Achance (Diary) Tuesday, July 6th at 9:45PM EST (link)I’ve spent a lot more time in front of a trier of fact than Comrade Obama. When I was a lowly guy who didn’t have anybody to open the door or carry my briefcase for me, I was outright obsequious to the guy at the head of the table. As I got further up the ladder and ultimately was in charge, i was willing to be much more challenging towards them and I was never reticent to tell them about the mistake they could make that would cause me to get them reversed, but I was always deferential, courtly even, towards anybody who could make a decision even if I thought they were a Grade A, USDA Certified Idiot.
That was among the most stupid and naive things I’ve ever seen a major poltical figure do. In terms of power over the US, each and every one of those Justices is practically as powerful as he is, and any five of them are FAR more powerful than he is, and the stupid little gangsta’ ba*(a*d spits at them. Oh, and I used that word in its dictionary definition, since Comrade Obama’s parentage is subject to some controversy. He does fancy himself a gangsta’ clearly, though.
In Vino Veritas
Conservatives have resented the court for a long time
JoeG Tuesday, July 6th at 10:39PM EST (link)because of this: “In terms of power over the US, each and every one of those Justices is practically as powerful as he is, and any five of them are FAR more powerful than he is”
How ironic if the democrats do something to restrain the power of the supreme court after conservatives have wanted to do so for a really long time.
Resenting the court
edinnola Wednesday, July 7th at 11:07AM EST (link)Conservatives essentially resent those on the court who would legislate from the bench, an act which is not legal. The fact is that for too, too long the court has been slowly destroying the word of the Constitution and slewing the nation toward Communism. In no way is either of these CHANGES legal or to be condoned. It is still somewhat ironic that the chief executive in charge of the Democrat Party should complain about this particular ruling, since it allows his constituent unions to make contributions it otherwise could not. Perhaps the worry is that they will use their commandeered funds in ways other than contributing to him.
Incorrect assessment
chuckl Wednesday, July 7th at 1:13PM EST (link)JoeG, The question is not about restraining the power of the court, but about keeping the court dedicated to supporting and protecting and enforcing the Constitution.
Obama has made it very clear that he considers the Constitution to be merely an obstruction to doing things his way.
He is correct. Read article 1, Section 8. and amendments 9 and 10.
I am certain that you will find “promote the general Welfare.” What you must understand is that the adjective “general” in this context means “non-specific” and therefore any specific welfare program is prohibited to the congress. Obamacare is a constitutional violation.
chickens coming home to
Doc Holliday (Diary) Tuesday, July 6th at 9:45PM EST (link)roooooooooooost!
Molon Labe!
Not necessarily personal
David123 (Diary) Tuesday, July 6th at 9:59PM EST (link)Dissing a Supreme Court decision in the State of the Union speech is pretty unusual, and may show a president who’s not real strong on separation of powers. Just the national interest would indicate that the fewer justices such a president gets to nominate, the better.
And if Justice Kennedy derives a certain satisfaction from doing the right thing … fine.
David123
totally classless
rdelbov Tuesday, July 6th at 10:11PM EST (link)Obama was totally classless in his hit at the court during SOTU speech.
He lied too (a habit of his) about the ends and outs of the case.
Kennedy may be arrogant,
Brian_Roastbeef (Diary) Tuesday, July 6th at 10:39PM EST (link)but right now I pray for his continued good health and praise his newly found good sense.
Amen,brother. nt
Vegas_Rick (Diary) Tuesday, July 6th at 11:17PM EST (link)“God is great, beer is good and people are crazy.”- Billy Currington
“Nothing in this world can take the place of persistence. Talent will not; nothing is more common than unsuccessful people with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan ‘press on’ has solved and always will solve the problems of the human race.” Calvin Coolidge.
I wonder if his commitment is limited to one-term.
jeffreywturner (Diary) Wednesday, July 7th at 12:20AM EST (link)I mean, is Kennedy prepared to wait it out until January 2017, just in case the front group that replaces ACORN is able to register enough imaginary voters to give Obama a second term?
“Life is too short, can’t we all just eat pork and kill some terrorists?”
It might not matter
merryj1 Wednesday, July 7th at 12:40AM EST (link)If Obama can manage reelection, via ACORN or any other chicanery, and also hold or re-attain legislative majorities (six years is a long, long time), we may well be unable to undo the damage in our own, our childrens’ and grandchildrens’ lifetimes.
If thats true I would have to applaud his decision
Joliphant (Diary) Wednesday, July 7th at 12:34AM EST (link)Not as being arrogant or in any way self important, but simply trying to exercise proper stewardship of his office. The court is always meant to be apolitical and a regulator to the machinery of government. We are all aware that liberal judges have timed their retirements in the hope that their replacements might be of similar mind or moreso. If our side does not take up this tactic we lose by default.
“Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it.”
-Thomas Paine: The American Crisis, No. 4, 1777
Assumes facts not in evidence!
Adjoran (Diary) Wednesday, July 7th at 1:37AM EST (link)There is NO indication in the article, other than pure speculation, that Kennedy was motivated by Obama’s arrogance in the SOTU speech. NONE.
He may have just looked at Obama’s overall performance so far – Kennedy is allowed to read the news, isn’t he? – and decided that for the good of the country he cannot give Obama a fourth nominee (Ginsburg will probably retire before then just so Obama gets a third pick).
Let us not become so ideologically purified that we reflexively impugn the intent of those with whom we have had strong disagreements. That’s more a natural characteristic of the Stalinist Left than the conservative movement.
Ginsburg likely will die before she retires.
klondike Wednesday, July 7th at 5:37AM EST (link)I remember during the 2000 election campaign thinking that the main focus of the Democrats in rallying against Bush was their worry over potential Supreme Court nominees – they were so focused on Roe v. Wade not being overturned that they didn’t seem to be able to look beyond that focus. Abortion seemed to be their most important national issue, even beyond the War in Iraq (a favorite of theirs). Supreme Court nominee seemed to be THE national issue for them.
Now, I find myself in almost the same position, except in a much broader and significantly more important sense. Abortion pales in comparison to preserving this republic and the rule of law. If we lose the Supreme Court in upholding the Constitution and the rule of law, to what other body do we turn? There is none, except the U.N., unless we can take back this country.
These are more than interesting times, and honestly I wish I were not facing them at this point in my life. Maybe this is a good thing, because now I am seriously p*ssed, and even my own family is afraid of me when I reach that point.
In keeping with the minor Happy Gilmore note...
Mike (Diary) Wednesday, July 7th at 1:47AM EST (link)It would appear that the lovable moron (Bamster) has punched Bob Barker (or other old white guy) in the face — and is now learning to regret that course of action.
BUMMER. Sux2bhim.
There will be NO second term for Obama!
drbob1988 Wednesday, July 7th at 6:29AM EST (link)He has pushed millions of decent people to the edge of doing whatever it takes (within the law of course) to be sure he is not re-elected. The “brown shirts” will have a rude awakening if they try to change the process with intimidation and other tricks.
We are mad as hell and we aren’t going to take it any more!
If you assume that Kennedy is so thin-skined...
barleycorn (Diary) Wednesday, July 7th at 9:15AM EST (link)…then probably the fewer posts on conservative sites that call him arrogant and imply that he’s an “idiot”, the better.
But then you would have to assume
Melody Warbington (rwm52) (Diary) Wednesday, July 7th at 7:10PM EST (link)that Kennedy reads conservative sites which he probably doesn’t as they’re so “beneath” his level of intelligence and superiority.
The woman saith unto him, I know that Messiah cometh (he that is called Christ): when he is come, he will declare unto us all things. (John 4:25)
What would Obama have done if the situation was reversed? nt.
earlgrey (Diary) Wednesday, July 7th at 9:47AM EST (link)Feelings Rule Leftist
atillathehun Wednesday, July 7th at 9:53AM EST (link)The astounding thing about leftist on the court is thier collective arrogance in the departure from the written and usually easily understood language of the Constitution.
The idea that reasonable people can disagree on what the founding documents say, I woul suggest is unreasonable in and of itself. The recent gun law case is the example of four leftist destroying the Constitution and it’s intent.
Stevens will never be missed.
Obama wants to be king
smorgasbord Wednesday, July 7th at 10:16AM EST (link)Obama is acting like he is King-In-Chief. Kings dictate. That is what King Obama wants to do. He wants to dictate and get even with those who don’t obey him. He has only just begun.
silent lucidity
tngal (Diary) Wednesday, July 7th at 10:21AM EST (link)There’s a trend brewing. People who sat quietly in the background unconcerned with the current administration are coming to the realization of just what kind of a leader they have. They may not carry signs and be vocal in their outrage but, boy, they are out there. Its like he’s trying to p*ss off a group each and every week.
I know cops still upset over his handling of the Crowley-Gates debacle and that was a year ago. You don’t say police acted “stupidly” and hope to smooth it over with a beer summit Groups like this remain quiet but they are keenly aware of what’s taking place and they will take that anger to the polls.
Do you really thinks so?
earlgrey (Diary) Wednesday, July 7th at 10:31AM EST (link)I am close to bursting at the seems. I live in western TN. I saw an Obama Biden Sticker on a car today. YUCK. I hope you are right.
you betcha, earlgrey
tngal (Diary) Wednesday, July 7th at 12:34PM EST (link)Don’t know what is is about stickers. They are the last to go once one comes to their senses. Then again, you know we have a fair amount of dems here. I even heard of a couple of people from here who voted for Gore. (Don’t know them personally mind you)
I'm okay with the arrogance
bs61 Wednesday, July 7th at 11:06AM EST (link)It’s a perilous time we live in today. I will thank God for this blessing so that we don’t lose our country.
Obama's Agenda, Can it be Stopped in its tracks?
Ireland Wednesday, July 7th at 11:30AM EST (link)I have to say that this is one of your best-written articles, Erick. Excellent!
I come from a family of lawyers; I think we have a total of 16 in all that cover a wide variety of practices and specialties. My uncle (retired now) was a litigator and a partner in a large Los Angeles law firm. He used to test our knowledge of the law and the Constitution at family gatherings, we would debate the issues, new laws implemented by Congress and signed into law by the latest President. Uncle Jim went before the Supreme Court four times in his legal career and the Court upheld the lower Courts ruling every time.
Unfortunately, my Uncle’s a progressive but was always able to separate his political leanings and represent a client, what they wanted to accomplish, even if it went against his political beliefs. I think more lawyers need to separate what they personally believe and follow the rule of law and the United States Constitution and Bill of Rights.
His political leanings were more about social issues. He made a comment to us once at the Thanksgiving table when I was around 10 years old and has stuck with me all that time. He said, “The Founding Father’s created the Constitution to protect the rights of the butcher, the baker and the candlestick maker but that it was put in place to protect it’s citizens from an out-of-control government (personal note: that’s what I think we have now).” Although, he personally does not like guns, he said he would always defend a person who wants to bare arms.
What we have in Congress and the White House are lawyers who only represent their political ideals and beliefs and seem to forget about the Constitution and the Bill of Rights. That’s what makes me crazy about this. He went to law school at St. John’s University School of Law in NY, and one of his classmates was Charles Rangel. Uncle Jim made a comment once… Where do bad lawyers go? They go into politics, now I don’t know if that was a comment on Congressman Rangel, but it sure does fit.
This is
baserunr (Diary) Wednesday, July 7th at 12:33PM EST (link)the only way that Obama knows how to play. It’s the Community Organizer in him coming through. The only way that Obama can get the things he wants is the way he learned to get them in Chicago: bully, intimidate, threaten. If you look at the actions of Obama over the course of his Presidency, you’ll note that this is the common thread. It began on the second day, when he told the Republicans “I won”. Follow it through the stimulus, Healthcare, Appointments, etc. He cares not what you say or think, and if you are in his way he will bully, threaten, or intimidate. After November, we’ll see if he has any other tricks!
“The day you think you know it all is the day your trouble starts.”
Useful idiots unite!
southcoast Wednesday, July 7th at 2:48PM EST (link)This is yet another account of an apparently intelligent person who for some reason supported 0bama. For SOME reason. The parade of people who publicly voiced support for 0 was truly breathtaking. Breath taking in the sense these were accomplished people who one would expect could spot a fraud from the outset. I can still see Colin Powell articulating his support for 0bama and at the end he had stated nothing.
The moral of the story is the presidency is not an affirmative action participation trophy awarded to the kid who seemed just so nice that we had to do something for him although he is incapable of earning anything.