Alito Emerges as Supreme Court Rock Star

Supreme Court Justice Samuel Alito speaks about constitutional law during a lecture at Drake University, Thursday, Sept. 30, 2010, in Des Moines, Iowa.

/ AP Photo/Charlie Neibergall

Supreme Court Justice Samuel Alito speaks about constitutional law during a lecture at Drake University, Thursday, Sept. 30, 2010, in Des Moines, Iowa.

(Credit: AP Photo/Charlie Neibergall)

There were no clear answers from the Supreme Court after today's arguments in a major First Amendment case, which pits a radical church's right to protest at soldiers' funerals against the rights of grieving families wanting to be left alone in mourning.

Some of the more liberal justices, like Ruth Bader Ginsburg, appeared sympathetic to the protesters and worried about restricting speech. Some of the conservatives, like Justice Samuel Alito and Chief Justice John Roberts, appeared ready to suggest there are limits to the First Amendment--and a funeral protest is a pretty good place to draw the line.

But that doesn't get you to five votes---and I'm not betting the family farm that even those three are sure things.

So with all the uncertainty, here are three things I can say for sure after Snyder v. Phelps.

1. Justice Alito has emerged as the Court's most insightful and strategic questioner at argument.

Today's session was a tour de force. He laid bare weaknesses in the protesters' case with savvy hypothetical questions that exposed potential dangers in adopting their arguments. He's like a one-justice Delta Force: He's so quiet and low-key while drawing in the lawyers with his questions that he manages to plant several bombs before they even realize he's on the attack.

2. Justice Scalia needs to drop it.

Scalia is in danger of becoming a caricature of himself, if he's not there already, and he's hurting his cause at argument. One example from today. Justice Alito (aka "rock star") posed a devastating hypothetical question about whether anti-war protestors could confront an elderly woman who had just left the grave of her grandson, a soldier killed in Iraq.

The question was vivid and moving, and you could picture the scene: the grieving grandmother, waiting at a bus stop, where she's confronted by a protester who speaks to her, as Alito says, in "the most vile terms." The protester describes roadside bombs and how her grandson's body was blown apart, and he says "I only wish I were there to take pictures of it." It's a matter of public debate--the war. So is that protected, he asked.

The church's lawyer, Margie Phelps, suggested those might be fighting words. No, Alito says, she's elderly.

And then Scalia can't help himself. "She's a Quaker, too," he interjects. Ok, ha ha. Funny. The courtroom erupts in laughter. But what's the point of it? It was a terrific question by Alito, and Scalia weakened it.

3. Justice Kennedy remains, and will always be, uniquely Justice Kennedy.

From today's argument (join me now in humming "We Are the World"): "That simply points out that all of us in a pluralistic society have components to our identity; we are Republicans or Democrats, we are Christians or atheists, we are single or married, we are old or young."

Seriously. That's a direct quote. We are shaking our heads in wonderment.

High Court Struggles with Funeral Protest Case

[documemts]

...Scalito.

[cannuc]

I really can't bear to read anything about this perjurer who is beholden to special interests...these people want to kill america with asuit case of cash.
http://abraham-ben-judea.newsvine.com/

[truth-b-toll]

Rock Star?- not true

[mocococo42]

To paraphrase Justice Ginsburg, "You can't be 300 feet away and spit in someone's face." Snyder didn't know about the protest until he saw it on the internet. The protestors demonstrating against Westboro could be found in violation of applicable state laws if the court rules in favor of Snyder.

[myth1958]

Crawford has a fine ear for discerning motivations within the Court, playing back some of the critical moments during argument. I think this case may be a watershed for both the Court and the American people. We rely on their Supreme judgement to set the boundaries that we live within, and time and again, they've moved the lines to include more folks (and their rights) onto the playing field. But hate-filled inbred gangs like this Westboro 'church' (it ain't a church, for God's sake) get away with attacks upon the rest of us until the powers that be decide to reel them in. Please, Supreme's, use common sense to realize that limiting this type of aggressive propaganda can be curtailed without breaking the back of free speech. Give us a 9-0, or at least 8-1 decision (we all know about Thomas) to strongly condemn the Westboro idiots and show your support for military families by the million who expect you to rally with them. You better.

[StewieEsq]

Alito would find a limit to free speech? Limit the degree to which an obnoxious pastor can make a political protest at a funeral but strike down limits on a corporation's ability to spend untold amounts of money on political speech? Well, Alito is a GOP appointee and in keeping with GOP-think, up is down, ture is false, and right is left, so why not.

[noloyalisti]

This is the moron who dissed President Obama when he said foreign money from big corporations would flood our elections and corrupt our democracy because of Citizens United.

He was dead on!!

[noloyalisti]

When are we going to impeach this lying corporate activist scum?

[ouchitatom]

The first amendment should not be subjegated to any attack nor changed to fit any situation on any subject anywhere anytime. The protesters are ingrates and ignoring them is the best avenue. They should be reminded what has taken place through the last 200 years to give and protect that right. Just because a few idiots who also happen to be americans show thier stupidity is no reason to change or impose limitations on one of our most sacred rights.They grieving families should state to them that thier loved ones died to give and protect idiots such as they are to practice free speech. They scarificed thier lives for the grateful as well as the stupid. If were a betting man I would bet that 90 percent of the protesters are to uneducated or ignorant to pass the military entrance exam and maybe protesting because some one had to write out the words for the sign they are carrying. The true heartfelt americans ignore them.I am fore telling that one of these times a crowd of mourners are going to turn on these peopel and hell will follow.

[noloyalisti]

Just like the idiot Republican Tea Bag Partiers, let these racist, homophobic, uneducated and old fashioned idiots make themselves make fools of themselves.

[RealiteBites]

P.S. I'd have loved to have heard more about what each of the justices asked or said about the issues upon which this decision is going to turn, just to get a better idea of where their heads are at. Also, what was the context of Justice Kennedy's remarks - just based on his comments alone, I would tend to think he's noticing that although we're all diverse, everbody thinks the Phelps' are heinous because of the tactics they employ to get themselves publicity. But maybe that's reading too much into it without the context, I dunno ...