2010-04-07

Supreme Court Decision: Attend State of the Union or Not?

“The first woman to sit on the nation’s highest court (Sandra Day O’Connor) said Tuesday she wouldn’t be surprised if fewer justices attend State of the Union addresses after President Obama criticized a recent ruling at this year’s address,”

You know, I wondered about this on my critique of President Obama’s last State of the Union speech, where he criticized the Supreme Court’s decision to overturn large parts of the McCain-Feingold bill that that created major restrictions on campaign financing. I wasn’t sure at the time (and still can’t find any hard information) about how unusual a practice this was, for a sitting President to speak out against the Supreme Courts ruling on current issues, at least in the State of the Union. But what I did notice was a look of shock on many of the Judges faces, and in some a look of annoyance.

I hold, personally, a higher respect for the Supreme Court than perhaps any other branch of government. While there is a degree of politics in decisions regarding Supreme Court Judge appointments, once the Judge is appointed the politics in that branch are usually scarce, if there at all. The Supreme Court has the final say on constitutionality, and their decisions echo through time in the form of precedents. This is also why I get so irritated when people throw around the words “rights” and “Constitutional” so often without checking to technically see if it is a “right”. It’s a different story (and maybe this will seem like nit-picking to some on here, but it’s just how I feel) to say “I think such and such SHOULD be (un)Constitutional”, or “I really hope the Supreme Court overturns (blank) bill because I’m morally against/for (blank)”. Semantics? Yeah, I’ll admit it. But it’s one of those little things like a buzzing mosquito that won’t go away. Am I always the most…elegant in my responses? No, but hey, nobody’s putting a gun to your head and forcing you to read my ramblings, now are they? And if they are, tap your mouse three times, I’ll send help.

Granted, I’m no Constitutional scholar (and quite frankly I don’t have the time or energy to know every case and precedent off the top of my head like some lawyers I know), whenever I get a chance to read up a little on Constitutional law I leap at. Let me put it this way: the reason I decided to go back to school in the first place is because I picked up a boat load of text books on a variety of topics (Economics, Law and Politics, Political Science, etc.) and my wife said, “If you’re going to read all that crap anyways, why not just get a piece of paper out of it?” Thanks again to my beautiful wife, by the way, for the recommendation. My point of this interruption? While I’m not an expert on the matter, I have a pretty coherent grasp on the different procedures and processes that different judges have when interpreting that great old, ever relevant, living, breathing document, and I hope that you all will think twice before exclaiming something a “right” or a “liberty”.

Anyways, former Justice O’Connor continued:

“It is not much fun to go because you put on a black robe and march in and you’re seated in the front row, (you) put your hands in your lap and have no expression on your face throughout the proceedings. You can clap when the president comes in and when he leaves and that’s it. It’s very awkward,”

Because of this, combined with the recent criticisms, she believes that fewer and fewer Justices will continue to go through the hassle of being in attendance.

One woman asked her if she thought women process things and think differently as judges.

“No, I don’t. I think at the end of the day, a wise old woman and a ise old man are going to come to the same conclusion,” she said.

I’m still thinking about this statement. Was this meant as an off the cuff jab at Obama’s Supreme Court Justice pick, who had said a similar line about latino women coming to different conclusions about the interpretation of the Constitution? I don’t know, I don’t want to read into it too much, just something that I thought was curious.

Again, I want to bring attention, however, to the quote from O’Connor above about being a Justice and not being allowed to clap except for the President’s entrance and exit. THAT is why I like Constitutional law. It’s not supposed to be about having an axe to grind, about whether an R or a D appointed you. It’s about studying, examining, and interpreting our great nations Constitution and being the final word on the supreme law of the land.