Justice Samuel Alito, The Presidential Fact Checker

UPDATED BELOW: With a White House fact check of the apparent Alito fact check.

Late last night, I wrote about Justice Alito’s apparent fact check of President Obama’s speech. During Obama’s description of the Supreme Court’s Citizen’s United decision, Alito shook his and appeared to mouth the words “not true.” This morning, it appears that Alito may have had a point. Via Ben Smith, I find this explanation from Linda Greenhouse, the New York Times, veteran court watcher.

Indeed, Mr. Obama’s description of the holding of the case was imprecise. He said the court had “reversed a century of law.” The law that Congress enacted in the populist days of the early 20th century prohibited direct corporate contributions to political campaigns. That law was not at issue in the Citizens United case, and is still on the books. Rather, the court struck down a more complicated statute that barred corporations and unions from spending money directly from their treasuries — as opposed to their political action committees — on television advertising to urge a vote for or against a federal candidate in the period immediately before the election. It is true, though, that the majority wrote so broadly about corporate free speech rights as to call into question other limitations as well — although not necessarily the existing ban on direct contributions.

Politifact also takes issue with Obama’s “100 years” comment, by way of a similar comment that was made by Democratic Sen. Chuck Schumer of New York:

Justice Samuel Alito Objects To President Obama’s Supreme Court Criticism

The most surprising moment in the House Chamber Tuesday night came not from House Minority Leader John Boehner’s frequent gesticulation, but from the subtle exchange between Supreme Court Justice Samuel Alito and President Obama. It started when Obama offered a surprisingly blunt criticism of the Supreme Court’s recent ruling that corporate and union money should [...]