Jeffrey Toobin, who writes about the Court and its human components for the New Yorker, confirms that yes, it's true. Obama didn't get it quite right.
Obama may have been overstating the point when he said foreign
companies now had the same unlimited rights to participate in our
elections.
But (big but), when he grimaced and murmured, Alito hauled into the bright light of day a nasty little secret. The "apolitical" Court is political from its corns right up to its dandruff.
The larger issue raised by Alito’s pouty face goes to the place of the Court in American life. In public, and especially in confirmation hearings, the Justices try to portray themselves as Olympian figures, removed from the hurly burly of politics. In Chief Justice Roberts’ famous (now mostly infamous) phrase at his confirmation hearing, the Justices are like baseball umpires, who do nothing more than call balls and strikes. But that’s not true—and it never has been true. (I discussed this issue in my Profile of Roberts.) The Justices have strong political views, which have powerful impacts on how they do their jobs. Alito performed the public service of making this point clearer for a national audience.
What makes Alito’s reaction even more delicious is that it’s further evidence that the Justice just can’t stand Obama. As a Senator, Obama voted against Alito’s confirmation, which the Justice does not seem to have forgotten. When the President-elect Obama made a courtesy call on the Justices shortly before his inauguration last year, Alito was the only member of the Court not to attend. (Obama voted against Roberts, too, but the Chief Justice managed to spare the time to welcome Obama.) The first law that Obama signed as President was the Lilly Ledbetter Act—which reversed a decision by the Supreme Court that had erected new barriers to plaintiffs filing employment discrimination cases. The author of that now-overruled decision? Samuel Alito. These two guys have a history.
And now everyone knows it.
A Republican, an ally of the Senate no-men, Alito has exposed the dirty truth. "The Justices have strong political views" and their views affect their decisions.