The President is Wrong on the Law

Last night, Justice Alito responded to Obama's sound bite by shaking his head and quietly saying something like "not true." Alito was right on at least two levels. First, as noted above and as Linda Greenhouse acknowledges, Citizens United did not disturb any principles that date back 100 years.

Second, as Shannen Coffin points out, the decision in Citizens United is quite clear that it does not address whether the government can regulate improper foreign influence over our electoral process. Writing for the majority, Justice Kennedy stated: "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."

Presidents should feel free to criticize important Supreme Court decisions with which they disagree. It's bad form, however, to do so at an event where Justices are in attendance by invitation. And it is unconscionable to do so by blatantly misrepresenting what the Court has said.