As the Supreme Court heard argument in an “abortion” case, Senate Minority leader Chuck Schumer whipped up the crowd of protesters outside with the words they so desperately wanted to hear.
Schumer can’t use the Trump defense of claiming total ignorance of how law and the Constitution work. He knows. He also can’t claim the brand of being a perpetual spewer of nonsense and idiocy when his team’s brand is to return the nation to normalcy, dignity and decency. He knows. And Chief Justice John Roberts knows he knows.
On the one hand, this statement evoked the usual tit-for-tat reaction from the useful idiots, ignoring that C.J. Roberts similarly criticized Trump for demeaning Judge Curiel in the early days of his administration, before it became clear that Trump’s rhetorical diarrhea meant this would become so regular phenomenon that addressing each impulse would be a full-time job. But that was Trump, a lost cause.
But Schumer? He knew better. And yet, that didn’t stop him.
A spokesman for Mr. Schumer said the chief justice had engaged in a willful misrepresentation.
“Senator Schumer’s comments were a reference to the political price Senate Republicans will pay for putting these justices on the court, and a warning that the justices will unleash a major grass-roots movement on the issue of reproductive rights,” the spokesman, Justin Goodman, said in a statement.
“For Justice Roberts to follow the right wing’s deliberate misinterpretation of what Senator Schumer said, while remaining silent when President Trump attacked Justices Sotomayor and Ginsburg last week, shows Justice Roberts does not just call balls and strikes,” he said.
Had Justin argued that Schumer’s words poorly expressed his intended message, it would have still been incredible, but at least not Trumpian in the boldness of its lie and accusation. Instead, he attacked C.J. Roberts as a right wing tool who lied about Chuck’s words, even though they’re on video for all to see and hear.
This wasn’t Schumer’s way of trying to persuade Justices Gorsuch and Kavanagh to be swayed by the power of the mob, by the threats of a senator (to do what?). This was Schumer doing the Trump, whipping up the crowd of no better grasp of the structure of government, of the nature of the Supreme Court, to believe that the Court is just another political branch of government to go in whatever direction the winds of outrage are blowing.
It’s not that anyone should be surprised that Chuck Schumer is a politician, is willing to pander to his tribe, to whip up a frenzy that he believes will work to his advantage, no matter how low he has to go to make it happen. Schumer has never met a microphone he didn’t love.
But just as pundits like Linda Greenhouse have been using their New York Times platform to delegitimize the Supreme Court in anticipation of rulings that don’t align with her feelings, the Senate Minority Leader has now joined her on the dais, taken charge of leading the chorus and, naming names and leveling threats of retaliation should they not rule as he demands, demeaned the office of Supreme Court justice to no better than any other political hack.
The judiciary is the “least dangerous branch” for a reason. The only tool it possesses, or weapon if you prefer a more violent metaphor, is its integrity. If the public accepts its rulings as legitimate, they are. If the public does not, our Republic is no longer viable, as our disputes will then only be resolved by the people with the most guns. It can’t be said with certainty, but Chuck being the senior Senator from New York, probably does not possess a gun.
On the ground, however, are the many unduly passionate believes whose emotions Chuck hopes to capture. Among them are law students, lawyers, for whom the issue of abortion, inter alia, is a hill they are willing to die on. And here, the Senate Minority Leader, a man who takes to the platform as the paragon of a party laying exclusive claim to morality and decency, tells them that these two despised justices will suffer should they not succumb to his, and his crowds, demands.
I want to tell you, Gorsuch. I want to tell you, Kavanagh. You have released the whirlwind, and you will pay the price. You will not know what hit you if you go forward with these awful decisions.
Is there anything Schumer could do about it? Sure, though it’s unlikely. But what seems eminently likely is that the young ideologues who have to come to believe that their feelings justify their actions, and that as long as they truly believe they are serving some higher cause, they can do no wrong, will be far less circumspect than Chuck Schumer. Will mobs show up at justice’s homes in the dark of night to protest? Will they surround a justice eating dinner in a restaurant? Will some unduly passionate law student take it upon himself to punch a justice who comes to judge moot court?
When you whip up the mob, and delegitimize the courts, you undermine the last remaining institution that grounds the continued existence of the Republic. No, the Supreme Court may not rule the way you believe it should. Indeed, it’s often ruled contrary to what I would want it to.
But I know what would happen without it, and as much as it may fall far short of the Court I would wish it to be, there is no doubt how much worse off we would be without it. I know. So too does Chuck Schumer. He knows.
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And for the rest of their life, both of these Justices will duck or fall on top of their children every time a loud noise startles them.
And when the pendulum swings the other way, and it will, so too will the justices beloved by the other tribe, who will have reason to fear their mob. Once we break through the barrier of treating judges as judges, no one will be safe.
And so ends the Republic, with the fall of mos maiorum.
And you’re not even a boomer.
Good point, though after beating cancer twice, I don’t know if Ginsburg would be fazed if the Grim Reaper himself showed up for oral arguments.
If the Court finds itself subject to the result of the panderings of the Fools on the Hill, then the hope of this grand experiment of a republic is lost. In all of existence, the Court is unique in its isolation from politics and that it is beholden to no other. Schumer knows what the result of his dopey words could be, but he just don’t care.
Admiral, I have a brief due in the Court very soon. I have a footnote in mind. Please talk me out of adding that footnote.
Do it. Let it out. Give in to the dark side.
Instigator.
Schumer has plenty of prior art.
Bottom rail has been on the top for quite awhile.
What I find ironic is that the law that Schumer and all the Liberals want overturned was proposed by a liberal Democrat in Louisiana
The case itself is irrelevant; any case involving abortion is inherently cause for outrage.
Will no one rid me of these turbulent jurists? These near-men, the vile Gorsuch and the wicked Kavanagh? Prithee, I speak this in jest! Even now their taskmaster Roberts invents wretched lies to tarnish me and my words on their behalf. The corrupt must reap! Again, I speak in allegory.
Mitch McConnell: I’ll just deprive a duly elected president his right to replace a Justice and then pack the courts with white male conservatives while everyone is distracted by our clown president.
Greenfield: well I don’t like it but it’s legal so ok.
Schumer: this politicized judicial branch, particularly these two questionably valid justices, better watch out that their political and policy preferences don’t cause a whirlwind
Greenfield: he means violence! This is outrageous!
I know you write for your federal judge buddies but what happened to not making people stupider? McConnell ruined the judiciary. It’s over. Cry all the sad tears you want. Schumer isn’t the first and won’t be the last to attack the beast that the turtle man built.
Kinda makes being a lawyer pointless then, Jay. What job are you going for next?
Please forgive my lack of restraint and decorum. I could not resist.
In what way are Justices Gorsuch and Kavanagh “questionably valid”? Is there any question that they were appointed by the President? Or that they were confirmed by the Senate? What other test of “validity” of a Supreme Court Justice do you carry around in your mind?
Have they bought into the progressive agenda and started remaking the country in the eyes of “Me Too”, AOC, and Bernie?
Then they’re not valid.
It’s one thing to raise the Garland argument to challenge the legitimacy of a Supreme Court seat that shouldn’t have been available to Trump. And then there’s your argument, that’s just as absurd as as the agenda you raise. Crazy right or left is still crazy, YK.
Not MY argument. That’s the opposing side viewpoint. I’m in line with Dan on this one. Yes the whole Garland thing shouldn’t have happened and it’s a disgrace but it doesn’t change the fact that Gorsuch is the validly appointed Justice.
It’s not the opposing side’s viewpoint. It’s your view of their viewpoint. That’s you, not them.
Ok, I’ll accept that, but show me anything coming from the prog arena that contradicts that view.
Show you? Take a deep breath. Eat some barbecue. Have a scotch. Have another scotch. Think about your “show me.” Let the deep breath out. Get back to me.
“his team’s brand is to return the nation to normalcy, dignity and decency.”
Really? With these candidates?
It’s marketing term, like “new and improved.”