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Senator Says Democrats Were ‘Duped’ by Supreme Court Justices

July 28, 2007

Sen. Charles Schumer (D-NY), a member of the Judiciary Committee that held hearings on Justices Roberts and Alito, said Democratic senators were “duped” into voting for the two’s appointment to the Supreme Court. Schumer, in a speech to the American Constitution Society, said, “We were too easily impressed by the charm of nominee Roberts and the erudition of nominee Alito.” Schumer asked. “Their decency and intelligence should’ve tipped us off that they weren’t to be trusted.”

Schumer’s comments came just days after Sen. Arlen Specter (RINO-Penn) voiced concerns about Roberts and Alito. “It was our expectation that these appointees would shift to the left, like Souter, Stevens, and O’Connor did, once they were elevated to lifetime jobs on the Court,” Specter said. “They were all appointed by Republican presidents, but became solid bulwarks of liberal jurisprudence once they got on the Court.”

In a series of 5-4 rulings in the past year on topics such as abortion and racial integration, the court’s conservative majority, bolstered by Roberts and Alito, showed what Schumer called “undue respect for the views of ordinary people. We have counted on the courts to overturn laws issuing from the biases of the electorate and their representatives. With the edition of Roberts and Alito, though, the Court is neglecting its traditional role as the nation’s supreme governing authority.”

Supreme Court Justice Stephen G. Breyer, spoke with Specter earlier this month, telling him that the court term that ended in June was notable for rulings that reversed some long-standing decisions. “The new ‘conservative bloc’ is undermining the authority of the judiciary.” Breyer complained. “If this trend is allowed to continue unchecked, the Court’s ability to rule this country will be seriously compromised. We can only hope that the Democratically controlled Senate will prevent any of Bush’s further nominees from being approved.”

Schumer opined that his “greatest regret” was not doing more to kill the Alito nomination. “Alito shouldn’t have been confirmed,” Schumer said. “I should have done a better job. My colleagues said we didn’t have the votes, but I think we should have twisted more arms and ‘borked’ him when we had the chance.”

Schumer concurred with Breyer’s assessment and vowed that the Senate will never confirm another Bush nominee. “The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts, or Justice Ginsburg by another Alito,” Schumer said. “Senator Barack Obama’s (D-Ill) pledge that his first Supreme Court nominee will be a gay, black homeless person is looking like the medicine we need to restore a proper balance of perspective to the Court. Regardless of which Democrat is elected president in 2008, I think we can look forward to more acceptable jurists being appointed to the courts.”