Chief Justice Is Latest Critic of Obama's SCOTUS Scold

WASHINGTON (March 10) -- Add Chief Justice John G. Roberts to a growing list of critics of President Barack Obama's decision to call out the Supreme Court during his State of the Union address in January.

Roberts said in an appearance at the University of Alabama law school that he found it "very troubling" that Obama would scold the members of the court while they sat surrounded by lawmakers who were "cheering and hollering." The president pointedly criticized the high court's recent decision in a major campaign finance case, Citizens United v. Federal Election Commission. While several justices usually attend the annual address to Congress, they traditionally do not react to the speech.

"To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we're there," Roberts said in Alabama, The Associated Press reported.

Roberts said he had "no problems" with criticism of the Supreme Court's decision, but it was the forum that concerned him.

"On the other hand, there is the issue of the setting, the circumstances and the decorum," he said. "The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court -- according to the requirements of protocol -- has to sit there expressionless, I think is very troubling."

The chief justice became the third member of the court to speak out on Obama's move. The most notable reaction came immediately, when Justice Samuel Alito was seen shaking his head and mouthing the words "not true" as Obama characterized the impact of the court's decision to strike down restrictions on corporate spending in elections. In February, Justice Clarence Thomas said he stopped attending the State of the Union because it had become too "partisan."

"I don't go because it has become so partisan and it's very uncomfortable for a judge to sit there," Thomas said at a Florida law school. "There's a lot that you don't hear on TV -- the catcalls, the whooping and hollering and under-the-breath comments."

The White House has stood by the president's remarks and fired back at Roberts on Tuesday, focusing on the ruling in the Citizens United case that Obama referenced. "What is troubling is that this decision opened the floodgates for corporations and special interests to pour money into elections -- drowning out the voices of average Americans," Press Secretary Robert Gibbs said. "The president has long been committed to reducing the undue influence of special interests and their lobbyists over government. That is why he spoke out to condemn the decision and is working with Congress on a legislative response to close this loophole."

The criticism by Roberts has reopened the debate about the incident, which initially focused on Alito's visible reaction and not Obama's decision to use the State of the Union to criticize the court. A professor of law at the University of Texas, Lucas Powe, told ABC News that "it was really unusual" for the president to go after the justices in such a forum. "I'm willing to bet a lot of money there will be no Supreme Court justice at the next State of the Union speech," Powe said.

"You don't go to be insulted. I can't see the justices wanting to be there and be insulted by the president."

The legal blogger Eugene Volokh wrote that Roberts and other members of the court might look to the Constitution for "an adequate excuse" to skip future State of the Union addresses. The Constitution, he wrote, mandates that the president give the speech to Congress, and not necessarily to anyone else.