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I've said this before, but it bears repeating:

Submitted by Rafique on Wed, 03/10/2010 - 6:54pm

The President was will within his rights to do this, and as Justice Alito was well within his rights to respond, so was the Chief Justice.

I think that both have every

I think that both have every right to comment. I may disagree with the idea that the Justices should not be at the SOTU. While there is no requirement for them to be there (or for there even to be a speech), I think it is appropriate to maintain the tradition. As far as the SOTU being a political pep rally, when was it not in the last 100 years? It is not like the President criticized a 9-0 decision. It was a 5-4 decision. While I think that it was the right decision, in spite of the fact that I absolutely despise what the result will be, I don't think it was a slam dunk undebateable ruling.

True enough, I mean I disagreed with the decision, although

I don't think it will be quite as bad as some will argue, but this hysreia over protocol is excatly that. The President spoke his mind, as did Justice Alito, and Chief Justice Roberts, Nuff said.

The concern with the President's remarks...

I think the concern with the President's remarks is not that he criticized them, and even not so much that he criticized the result in that forum, it's the tone with which he did so, and the factually false claim that the Court had ignored a century of precedent and practice in order to reach the result they did. They did not, as he claimed "reverse a century of law."

The President also claimed that the decision "opened the floodgates" for "foreign companies" to "spend without limit in our elections." He went on to say: "I don't think American elections should be bankrolled by America's most powerful interests, and worse, by foreign entities." Well all that's just out-and-out false. The Court's decision absolutely did NOT disturb the existing federal law (a separate law from that under consideration by the Court in the case) banning foreign companies and foreign individuals from making, directly or indirectly, any election expenditures. Even ABC News called the President on that factual inaccuracy.

And I am disappointed that our President doesn't support the right of people to speak out regarding elections, and to assemble peaceably to petition the government for redress of grievances.

As for the SOTU being a "political pep rally," I don't think the Chief Justice was suggesting that President Obama's SOTU was unique in that regard. He said that SOTU has "become" a political pep rally, without indicating when it did so. I don't think I've actually watched a single one in the past 10 or 15 years, except perhaps the one in January 2002.

I kind of disagree with the

I kind of disagree with the assessment on foreign companies. It all depends on what you call foreign. There are enough loopholes that a US Company controlled by foreign interests can be used in a completely legal manner. Maybe someone can clarify; but I have trouble seeing how a company like Lenovo, in which China has a large ownership interest, could be prohibited from political advertising. Am I wrong? It would seem the way the law was described by ABC as being too nebulous to deal with. If you look at the Lenovo website they list Morrisville, NC as Principal operation location. What is the legal definition of "principal place of business" in regards to the law? In this world of multinational companies, it seems hard to come up with an airtight distinction.

As to foreign corporations

As to foreign corporations and election money, here's what Citizens United said:

We need not reach the question whether the Government has a compelling interest in preventing foreign individuals or associations from influencing our Nation’s political process. Cf. 2 U. S. C. §441e (contribution and expenditure ban applied to “foreign national[s]”). Section 441b is not limited to corporations or associations that were created in foreign countries or funded predominantly by foreign shareholders. Section 441b therefore would be overbroad even if we assumed, arguendo, that the Government has a compelling interest in limiting foreign influence over our political process.

Slip op. at 46-47. Obama was wrong.

What is the legal definition of "principal place of business" in regards to the law?

Funny you should mention that, because the Supreme Court just decided that question in Hertz Corp. v. Friend. I was going to write about the case but there really wasn't anything I can add. The court's decision—that a corporation's principal place of business for purposes of diversity jurisdiction is the state containing its "nerve center," i.e. operational headquarters—is so overwhelming sensible that I couldn't think of a thing to add.

I don't know where Lenovo's headquarters is. Various reports describe North Carolina as its headquarters and as headquarters for its U.S. operations; this indicates that there is a Beijing headquarters, though it isn't clear whether that's headquarters for Lenovo's China operations or Lenovo as a whole. In any litigation (assuming Hertz has broad application, which seems likely), the actual location of a corporation's nerve center is a question of fact that would have to be established. See Hertz v. Friend, 559 U.S., slip op. at 18-19.

I agree in part, but that doesn't go far enough

Yes, the President was within his rights, but that doesn't settle things. He acted like a douche. He made a false statement (see Pat's comment above) in a desperately inappropriate setting, and he did it solely because he'd had a tough month politically, needed to throw out some red meat to his supporters, and a necessarily impassive court was a convenient foil. Was he within his rights to act like a douche? Yes. But he did so act, and he should not have. Every time he proves his critics and opponents right he demeans his office a little more.

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