So much for an ‘independent judiciary.’
Senate Minority Leader Charles Schumer, whose party only controls one-half of one branch of government, seemed to threaten constitutionalist justices Neil Gorsuch and Brett Kavanaugh — both nominated to the bench by his New York nemesis President Donald Trump — they’ll “pay the price” if they take a legal position he doesn’t like in a case addressing the credentialing of doctors who perform abortions.
“I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price,” Schumer told a cheering crowd of abortion advocates in front of the Supreme Court.
We’re not quite sure how that works, given that Supreme Court justices have lifetime tenure. But perhaps Schumer knows something about the chances either of these two could be impeached, the only other constitutional remedy, that we don’t know.
“You won’t know what hit you if you go forward with these awful decisions,” he added.
“I want to tell you Gorsuch. I want to tell you Kavanugh. You have released the whirlwind, and you will pay the price!”
— Chuck Schumer at a pro-choice rally near SCOTUS as the court hears arguments about Louisiana’s abortion lawpic.twitter.com/lguWx4mwkD
— JERRY DUNLEAVY (@JerryDunleavy) March 4, 2020
On Wednesday the high court heard the case, June Medical Services v. Russo, which considers the constitutionality of a 2014 law passed in Louisiana that requires physicians who do abortions to have admitting privileges at a hospital within 30 miles of their clinic. Many abortionists do not have those credentials.
Backers of the law say it’s not a matter of halting abortions but rather ensuring that women who may suffer a medical problem during the procedure can be adequately cared for by the same doctor who performed the procedure.
Critics argue that the law would shutter all but one abortion clinic in the state.
In fact, the Unsafe Abortion Protection Act was actually introduced by a Democratic state senator, Katrina Jackson, who told National Review that her bill is just “a standard health law” that makes “very common sense.”
The Unsafe Abortion Protection Act was introduced by Democratic state senator Katrina Jackson, who told National Review she considers her bill “a health standard law” that is “very common sense.”
“Basically, Louisiana, unknowingly to us, had a lower standard of care for women who elected to have abortions in some places,” Jackson said. “And so what we did was make sure that that standard of health care that we established in Louisiana for years also applied to abortion.”
The 5th Circuit Court of Appeals in New Orleans has already ruled in favor of the law in September. Now, justices will consider whether to side with the appeals court or whether the state law conflicts “with Whole Woman’s Health v. Hellerstedt, the 2016 Supreme Court precedent ruling that Texas cannot restrict abortion in a way that creates an undue burden for women seeking abortions,” National Review noted.
It’ll be the first abortion litmus test, if you will, for Gorsuch and Kavanaugh. And recall that Democrats went nearly insane in an attempt to keep Kavanaugh off the bench because they fear he will team with Gorsuch and, perhaps at some point, a third Trump-nominated justice, to eventually return the question of whether to allow abortions back to the states, where it originated before the high court’s controversial 1973 decision legalizing it everywhere.
Schumer, as usual, is simply demonstrating he’s no fan of that founding constitutional principle of federalism.