January 28th, 2010
03:26 PM ET

Alito's reaction to Obama was fair

[cnn-photo-caption image=http://i2.cdn.turner.com/cnn/2009/POLITICS/06/08/scotus.gays.military/art.court.cnn.jpg caption="Jeffrey Toobin says Alito also was right to express his view; justices are human beings" width=300 height=169]

Jeffrey Toobin | BIO
CNN Senior Legal Analyst

It was the most vivid, and unexpected, confrontation of Wednesday's State of the Union address.

It happened when President Obama said this: "Last week, the Supreme Court reversed a century of law to open the floodgates for special interests - including foreign corporations - to spend without limit in our elections."

In the audience, Justice Samuel Alito, President Bush's second appointee to the Supreme Court, could be seen shaking his head and saying, it appeared, "Not true, not true."

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