Mic was on as Scalia criticizes SCOTUS protesters; protest sponsor sees 'attitude of contempt'
Justice Antonin Scalia had no patience for protesters who interrupted a U.S. Supreme Court session on April 1 to oppose the Citizen United ruling on campaign finance.
The mic was on during the episode, and Scalia said the protesters deserve “stiff, stiff sentences,” report the National Law Journal (sub. req.) and CNN. It was the third Supreme Court protest staged by the group, 99Rise.
A lawyer for the five protesters, Jeffrey Light, has filed a motion in limine (PDF) asking a federal judge to exclude the recording of Scalia’s remarks during trial as unfairly prejudicial. The comments were not included on the court’s official audiotape or the transcript of the arguments in the bankruptcy case being heard that day, according to the National Law Journal.
CNN has the justices’ comments, beginning after a protester says: “We rise to demand democracy. One person, one vote.”
“Oh Lord,” Scalia says. “Oh, there will be another one.”
At first Chief Justice John G. Roberts Jr. jokes about the incident, saying, “You wouldn’t think a bankruptcy case would attract such attention.” As the protests continue, he says, “Oh, please.”
Scalia thinks he recognizes one of the protesters from a prior court disturbance. “Is it the same guy?” he asks.
“Yup,” answers Justice Clarence Thomas.
“They should give them some stiff sentences is what they ought to do,” Scalia says. “Give them stiff, stiff sentences. Stiff sentences.”
Roberts tells the protesters they could be punished by criminal contempt. “Should do it,” Scalia says.
Kai Newkirk, the director of 99Rise, spoke with CNN. “What Scalia says reflects that attitude of contempt,” she said. “It reveals an attitude—saying these people should be given ‘stiff, stiff penalties’—that they don’t want to hear the voices of the people.”
