![]() Lincoln’s dissent of the Dred Scott ruling came with his Emancipation Proclamation. It is not uncharacteristic of presidents or Congress to defy the Supreme Court. And, by extension, big business has been in bed with political campaigns for generations the recent ruling merely allows them to do so openly, and without regulation. An example of this is how when, in 2003, the Supremes struck down sodomy laws, most states had already repealed them. Friedman, argue that, despite the best efforts at judicial activism of justices like Roberts and Alito, the Supreme Court mirrors the political trends of its day. Many legal historians, like Stanford law professor Lawrence M. Bush ever was for systematically neutering the First and Fourth Amendments, to say nothing of habeas corpus and international law. Yet, after only a year in office, Barack Obama has been taken to task more for a comment, during an annual speech, about the Supreme Court ruling that gives First Amendment rights to corporations than George W. Ironically, he later went on to use the presidency as his bully pulpit as he shredded the Constitution with not so much as a peep from the Supreme Court. Bush, only got to be president by virtue of a Supreme Court ruling. One who liked to go by the nickname, “the Decider,” George W. ![]() Not all presidents openly dissent, though. Federal Election Commission ruling wasn’t so much about free speech, or the free flow of information, but the free flow of cash, and the power of corporations to mettle in elections without having to hide their role in making, or breaking candidates. White House Press Secretary Robert Gipps later said hat what the White House finds troubling is a 5-4 decision that allows corporations to openly spend as much as they want on election campaigns. Justice Roberts’ diatribe didn’t go without a response which got as much air time. Nowadays, presidents and their cabinets not only get to vent, they get to do it before millions of people simultaneously. A State of the Union address is simply not the right time, or place for a chief executive to express his dissatisfaction with a court’s ruling, said the judge.īut, if Abraham Lincoln had the opportunity to vent after the Supreme Court made their notorious Dred Scott ruling, in 1857, there might not have been a Civil War might not. He suggested, too, the issue isn’t so much dissent, but decorum. While addressing a group of law students in Alabama last week, the Chief Justice Roberts confessed to being troubled that the president’s yearly address “degenerated into a political pep rally.” The Supreme Courtship between Barack Obama and John Roberts is officially over.
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