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Supreme Court Historian: After President’s “Insult,” Won’t Be Surprised If Supreme Court Doesn’t Attend Next Year’s State of the Union Address

A noted Supreme Court historian who “enthusiastically” voted for President Obama in November 2008 today called President Obama’s criticism of the Supreme Court in his State of the Union address last night “really unusual” and said he wouldn’t be surprised if no Supreme Court Justices attend the speech next year.

“It was really unusual in my mind to see the president going after the Supreme Court in such a forum,” said author and Law Professor Lucas Powe, the Anne Green Regents Chair in Law, and a Professor of Government at the University of Texas-Austin School of Law. “I’m willing to bet a lot of money there will be no Supreme Court justice at the next State of the Union speech.”

Added Professor Powe, who clerked for Supreme Court Justice William Douglas, “you don’t go to be insulted. I can’t see the Justices wanting to be there and be insulted by the president.” His opinion has nothing to do with animus towards the President, for whom Powe said he voted enthusiastically....

President Obama took the apparently unprecedented step of assailing a Supreme Court decision in his speech last night, saying, “with all due deference to separation of powers, last week the Supreme Court reversed a century of law to open the floodgates for special interests – including foreign corporations – to spend without limit in our elections. Well I don't think American elections should be bankrolled by America's most powerful interests, or worse, by foreign entities. They should be decided by the American people, and that's why I'd urge Democrats and Republicans to pass a bill that corrects some of these problems."...

The way the president deviated from the prepared text indicated he may have tried to soften his remarks as he made them. He added “with all due deference to separation of powers” and replaced his desire that Democrats and Republicans “pass a bill that helps to right this wrong” with one for lawmakers to “pass a bill that helps to correct some of these problems."

Listening to the speech Justice Samuel Alito could be seen mouthing the words “that’s not true.”

“I think Alito’s correct,” Powe told ABC News. “They weren’t overthrowing 100 years’ worth of history. They were overthrowing 20 years’ worth.”

Read entire article at ABC News