Begins with incomprehensible hypothetical about Fourth Amendment that suggests that Schumer has no idea what he’s asking about.
Schumer argues that Alito has been inconsistent in holding that private party waived argument in civil case by not raising it below but that government in habeas case did not waive. Alito explains principle of comity that applies in habeas cases, cites federal statute.
Schumer badgers Alito for views on 14th Amendment citizenship issue that is a matter of current dispute.
Commerce Clause: Oddly, Schumer doesn’t point out where O’Connor was in Lopez and last term’s Raich ruling.
“In conclusion, Judge . . .” Schumer expresses concerns with Alito’s judicial views, not integrity smears. What a surprise: Schumer is going to vote against Alito.