Hail to the chief justice

In criticizing the Supreme Court, however, we need to respect the rule of law and think about the time and the place. President Lincoln, in his First Inaugural, disputed the idea that the Supreme Court had the final word on all political issues, but he took care to refer to the court as “that eminent tribunal.” President Reagan used his State of the Union addresses to call for constitutional amendments to restore the right to life of the unborn, but he did not directly criticize the Court. FDR, following his landslide re-election in 1936, famously tried to “pack the Court” with six new members. Congress—even a Congress with overwhelming Democratic majorities—defeated him on that one.

I thank and commend Chief Justice Roberts for his brave statements. He represents an equal coordinate branch of our government. I hope that next year, the Chief Justice will join Justices Scalia and Thomas in staying away from the increasingly partisan, increasingly raucous display. Instead of watching the State of the Union Address from a front row seat, the Justices might watch American Idol, instead. Let Mr. Obama’s backers sit in those reserved seats and cheer their own American idol all they want.

Ken Blackwell is a senior fellow at the Family Research Council and a visiting professor at the Liberty University School of Law.