Bench Memos

Schumer’s Speech

The full text of Senator Schumer’s speech at the American Constitution Society is available on the ACS Blog.  Here’s a taste:

How do we apply the lessons we learned from Roberts and Alito to the next nominee, especially if – God forbid – there is another vacancy under this President?

 

We now have the most conservative Supreme Court in memory.  And, as everyone knows, the Justices who are – actuarially speaking – most likely to step down next are the liberal ones. 

 

The Court is, interestingly, at odds with the country.  As the Court grows more conservative, the rest of the nation is in the midst of a pendulum swing in the progressive direction.

 

Unless we are vigilant in our efforts to moderate the Court, that institution will stand in the way of a much-needed and long-overdue swing back to moderation.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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