State of the Union

Justice Alito is going to the State of the Union this year? Not true, not true!

Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore.

Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.

(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)

Thanks to last year’s juicy Obama v. Alito showdown, numerous commentators have wondered: Will Supreme Court justices attend the State of the Union this year? If so, which ones?

Let’s make some predictions, justice by justice….

double red triangle arrows Continue reading “Will SCOTUS Go to the SOTU This Year?”

Justice Antonin Scalia, being interviewed by Jan Crawford of CBS News at the Federalist Society's annual dinner in Washington, DC.

On Thursday evening, I had the great pleasure of attending the annual dinner at the Federalist Society’s National Lawyers Convention, in Washington, D.C. The event — attended by an estimated 1,400 people, and held in the cavernous ballroom at the Omni Shoreham — featured, as always, conservative and libertarian legal luminaries galore.

(Did Judge Diane Sykes just air-kiss Judge Diarmuid O’Scannlain? Isn’t that Ken Cuccinelli over at the bar? What might Judges Brett Kavanaugh and Jeff Sutton be discussing so intently — maybe the latest clerks they’ve placed at the Supreme Court? Whoa — Ted Olson chatting with Justice Samuel Alito! Be still my heart….)

The highlight of the evening was the interview of Justice Antonin Scalia by Jan Crawford, chief legal correspondent of CBS News (who was looking fabulous in a black dress with open sleeves). The justice was in fine form, hilarious and freewheeling in his remarks….

double red triangle arrows Continue reading “Justice Scalia at the Federalist Society Fête”

I doubt that I will be there in January.

– Justice Samuel Alito, making a humorous and self-deprecating reference to the last time he attended the State of the Union, in response to an audience question after he delivered this year’s Wriston Lecture at the Manhattan Institute.


Supreme Court SCOTUS State of the Union SOTU.jpgBarack Obama just finished up his first State of the Union address. Lots of interesting things: jobs, gays in the military, health reform capitulation c’mon we’re so close we’ve got to do something…. Oh, and nuclear power plants are back on the agenda. CHECK YOU RADIATION LEVELS.

But the biggest legal news, at least from the perspective of your Above the Law editors, was Obama’s smackdown of the Supreme Court — while six of the nine were sitting right in front of his face.

It was so harsh that it inspired Justice Samuel Alito to shake his head and to mouth the words “not true” at the president — very reminiscent of the “you lie” moment from the last time Obama spoke in front of a joint session of Congress.

The video and additional details — plus UPDATES, including a mini-debate between Kash and Lat, and a READER POLL — after the jump.

double red triangle arrows Continue reading “SCOTUS Slammed at SOTU;
Alito Mouths ‘Not True’ at the President”

Page 2 of 212