WASHINGTON — The Supreme Court could cast the final vote on whether President Barack Obama’s liberal aims or the Republicans’ conservative goals stand as the law, and, at least to some eyes, several justices already have signaled whose side they are on.
Justice Antonin Scalia spoke Monday afternoon at a closed-door meeting organized by Rep. Michele Bachmann, R-Minn., and the House Tea Party caucus. In 2009, the wife of Justice Clarence Thomas organized a Tea Party group called Liberty Central, which urged conservatives to fight for the repeal of “Obama care.”
University of Texas law professor Lucas Powe, a historian of the Warren Court, said Scalia’s appearance makes the court look partisan.
“He is taking political partisanship to levels not seen in over half a century,” Powe said.
Scholars and historians say today’s State of the Union address poses another test for the court and its commitment to the appearance of independence and impartiality.
Some justices are expected to skip the annual event, having expressed reservations about attending what Chief Justice John Roberts called a “political pep rally.” That leaves the possibility that only the liberal justices will sit to listen to the president’s plans, thereby creating a visual symbol of a court divided along partisan and ideological lines.
“That would be very unfortunate,” said Stanford law professor Michael McConnell. “Anything that accentuates there are Democratic or Republican justices is not good for the court. It would be fine if none of them went or all of them went. But if only the Democratic appointees go, it would look like the court is divided and partisan.”
