Supreme Court Justice Samuel Alito breaks the traditional decorum for Justices attending the State of the Union by visibly shaking his head and mouthing disagreement. As you can clearly see in the above video, Alito reacts while Barack Obama talked about the Court’s recent Citizens United decision.

Glenn Greenwald talks about the implications of this break in decorum:

By contrast, the behavior of Justice Alito at last night’s State of the Union address — visibly shaking his head and mouthing the words "not true" when Obama warned of the dangers of the Court’s Citizens United ruling — was a serious and substantive breach of protocol that reflects very poorly on Alito and only further undermines the credibility of the Court. It has nothing to do with etiquette and everything to do with the Court’s ability to adhere to its intended function.

There’s a reason that Supreme Court Justices — along with the Joint Chiefs of Staff — never applaud or otherwise express any reaction at a State of the Union address. It’s vital — both as a matter of perception and reality — that those institutions remain apolitical, separate and detached from partisan wars. The Court’s pronouncements on (and resolutions of) the most inflammatory and passionate political disputes retain legitimacy only if they possess a credible claim to being objectively grounded in law and the Constitution, not political considerations.

Read more from Glennzilla on Alito.

Michael Whitney

Michael Whitney

My name is Michael Whitney. I'm a progressive online organizer working with FDL Action. Rush Limbaugh called me "clueless" once. He went into rehab two days later.

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