via memeorandum

Chief Justice John Roberts was bothered by the atmosphere at the State of the Union address:

“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 the requirements of protocol — has to sit there expressionless, I think is very troubling.”

James Joyner thinks this is a consequence of the growing partisanship surrounding the State of the Union:

It’s not so much that Obama’s dig at the Court was improper but that the nature of the address has gradually evolved over the years into a more partisan, overtly political affair. Perhaps that’s to be expected, since American politics has similarly changed. But it may well be time for the Justices to stop attending, lending the impression that the SOTU is some sort of national unity moment. Ditto, incidentally, the Joint Chiefs.

Instapundit, though, sees the partisanship more narrowly.

Meanwhile, it seems clear to me that had a Republican President behaved similarly, we’d be hearing loud cries of “Fascism!” from all the usual suspects.

I think so too.