Mollie Hemingway’s article highlights the threat posed by Chuck Schumer’s statement poses to the justices. First, it’s worth noting something that former US Attorney Guy Lewis told Harris Faulkner shortly after Schumer’s threats. Lewis said that US marshals were likely called into action minutes after Schumer’s threats. When Ms. Faulkner asked if this was speculation or whether it was fact, Lewis replied that that’s the procedure that’s been used in the past. He said that a dozen US marshals would be detailed to the justices, their wives and their kids for the next 6 months to protect them from violence.
Sol Wisenberg, a former assistant independent counsel on the Whitewater investigation, insists that Schumer’s statements are protected by the First Amendment. I disagree. What Schumer did was the equivalent of yelling fire in a crowded theater. This is what Schumer said, along with a discussion on Schumer’s threat:
With the things that Antifa and other thugs have done, with the exhortations made by Maxine Waters, with the Bernie Bro who shot Steve Scalise, why wouldn’t Sen. Schumer’s statement be treated as a threat?
These statements can’t be taken as idle chatter. That might’ve been fine 20 years ago but that isn’t the world we’re living in today. Sen. Schumer’s statement was a threat and he knows it. Since Ted Kennedy’s hate-filled diatribe against Judge Robert Bork, Democrats have thoroughly politicized the judicial confirmation process.
The justices that were nominated by Republican presidents got confirmed since then but they’ve been scrutinized unlike any justices in history. Democrats have made these confirmation hearings like Armageddon. Democrats understand that their ideas aren’t popular enough to win passage through the legislative process. That’s why they need an outcomes-based judiciary to implement their social agenda.
Justices that interpret laws through a constitutional lens won’t give Democrats the legislative victories that they’re looking for. More than any other reason, that’s why Sen. Schumer got the activists riled up with his threats.