Senate Minority Leader Chuck Schumer made a direct, premeditated attack on two members of the U.S. Supreme Court two days ago (March 4). Although Schumer has tried to "walk back" his language and claim that he was criticizing Republican members of the Senate and not the justices, his excuses fall flatter than a guilty kindergartner's forced apology.
What Schumer said was: "I want to tell you Gorsuch. 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." There is no way to say you were talking about someone else (GOP senators) when you have identified your targets by name. Nor is it permissible to excuse your threat by saying "I'm from Brooklyn; we talk that way."
Even a full, sincere, meaningful apology (which Schumer has not provided) can undo the damage he has done. Democrats and many independents are dismayed by President Trump's attacks on federal judges, but Schumer's remarks are, if anything, worse than Trump's. Has Schumer caught whatever viral meanness that infects Trump? Has he decided he needs to be tougher, so he'll threaten the lives of Supreme Court justices? Does he think attacking justices who might vote to allow abortion restrictions helps his party solidify the women's vote?
Schumer has to apologize — really apologize — to Justices Gorsuch and Kavanaugh. Wearing a hair shirt and flagellating himself would be appropriate. Begging forgiveness on bended knee might be helpful. He needs to do this not for Gorsuch and Kavanaugh; he needs to do it for the integrity of the U.S. Senate, for the independence of the federal courts, and for the rule of law.
Chief Justice John Roberts has twice in the past year admonished elected officials about improper and dangerous criticism of federal judges. Roberts' criticism of President Trump for his frequent attacks on judges and courts was not surprising. Roberts' calling out of Schumer was necessary after the minority leader's incredible breach of propriety.
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