Thursday, March 5, 2020

Schumer's Apology Misses the Point

Senator Schumer has "walked back" his comments from yesterday: 

"Now, I should not have used the words I used yesterday. They didn't come out the way I intended to," Schumer said Thursday morning. "My point was that there would be political consequences, political consequences for President (Donald) Trump and Senate Republicans if the Supreme Court, with the newly confirmed justices, stripped away a woman's right to choose."  (here)

Schumer's apology misses the point.  As I demonstrated in the post below, judging is different from legislating.  Judging is not political, and the political branches should not be trying to make the Court's decisions political.

Of course, Schumer is not the first to do this.  Both Presiedents Trump and Obama have tried to exert political pressure on the Court.  No matter which side this comes from, it is wrong, and it interferes with the separation of powers.

(Scott Fruehwald

https://lawprofessors.typepad.com/legal_skills/2020/03/schumers-apology-misses-the-point.html

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