Chuck Schumer used extreme and nearly violent language to threaten two recently nominated Supreme Court justices over an abortion case.
“I want to tell you, Gorsuch," Schumer said. "I want to tell you, Kavanaugh: You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
After initially digging in with a nonsensical explanation of his attack, Schumer issued a sort of apology:
“Now, I should not have used the words I used yesterday,” Schumer said, “They did not come out the way I intended to. My point was that there would be political consequences, political consequences, for President Trump and Senate Republicans if the Supreme Court with the newly confirmed justices stripped away a woman’s right to choose.”
If we give Schumer the benefit of the doubt, then he was just putting an over-the-top rhetorical flourish on what Democrats and liberal journalists have been doing for generations. Schumer’s warning that justices “will pay the price” for not ruling with the liberals is the same thing countless liberals said during the Obamacare case in 2012.
“Obamacare is on trial. So is the Supreme Court,” warned Jonathan Cohn at the New Republic. “The legitimacy of the Supreme Court,” is at stake, he continued.
In other words, Cohn was promising that he and his allies would declare the Supreme Court an illegitimate court if they didn’t go along with the strained reading of law and the Constitution that liberals favored. (In short, that noninterstate noncommerce (refusing to buy private insurance, which is only sold in-state anyway) counted as interstate commerce.)
“Court's legitimacy at stake on ACA,” one liberal lawyer wrote at Politico. “Roberts court on trial” was the headline of a news story by Politico’s Glenn Trush. Here’s what reporter Thrush explained in this straight news piece: “If the court again splits along a traditional conservative-liberal fault line, the health care debate will further erode the ideal of the court as an impartial arbiter and cast doubt on Roberts’s own idyllic description of his role as judicial 'umpire' laid out during his 2005 confirmation hearings.”
These are threats: Rule our way, or you’re illegitimate. Rule our way, or we’ll call you partisan. Rule our way, or our reporters will declare that you are no longer neutral.
Of course, Franklin Roosevelt threatened to pack the courts if they didn’t rule his way.
So it’s not surprising that Schumer would do what his side has always done, however cynical and irresponsible it is. The sad thing is that it has worked in the past.
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March 07, 2020 at 03:30AM
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Remember the individual mandate fight? Schumer's threat to the high court was a standard liberal tactic - Washington Examiner
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