This time, atop Justices Thomas and Scalia, you can add Samuel Alito to the roster of Supreme Court Justices engaged in rabidly partisan politics. Members of the judiciary are, traditionally, to keep at arm’s length of political entanglements. Yet, these three apparently go out of their way to associate with the very right-wing causes benefited by the atrocious ruling in Citizens United.
It does not please me to ‘rail’ against these Justices. Despite my personal constitutional philosophy, I am not raising these issues to impugn these Justices for any political reason. Rather, this is a matter of principle and I cannot fathom how these Justices are able to repeatedly violate a judicial canon by deeply entangling themselves in party politics, and then refraining from attendance at the State of the Union address on the pretext of that event’s “political” nature.
For those who would prefer greater insight into Alito, Scalia and Thomas, I would suggest picking up Jeff Toobin’s excellent accounting of the invasion of the Supreme Court by right-wing politics in “The Nine.” I have now assigned this text to one of my law classes taught at the University of Central Florida.