San Diego Union-Tribune (Sunday)

TRUMP’S COMMENTS NO EXCUSE FOR SCHUMER’S RANT

- Conway is a partner at the law firm of Wachtell, Lipton, Rosen & Katz. He wrote this for The Washington Post. BY GEORGE T. CONWAY III

Instead of channeling Trump, public of f icials who ought to know better should behave better.

One of the bad things about bad behavior by politician­s (particular­ly by Donald Trump, because he’s president, but by others as well) is that it not only can encourage bad behavior by politician­s of all ideologica­l stripes but also can be cited to justify it. All of this is sadly illustrate­d by Senate Minority Leader Chuck Schumer’s disturbing attacks against members of the Supreme Court.

The New York Democrat has expressed regret for some of what he said, but this incident is worth considerin­g in its totality.

On Wednesday, he spoke to abortion-rights supporters at a rally in front of the court as the justices were hearing a challenge to a Louisiana law that would require physicians performing abortions to have the right to admit patients to local hospitals. Reaching a fevered rhetorical pitch, Schumer turned and gestured toward the court building and said: “I want to tell you, Gorsuch; I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

That triggered an unusual and sharp rebuke from Chief Justice John Roberts “Justices know that criticism comes with the territory, but threatenin­g statements of this sort from the highest levels of government are not only inappropri­ate, they are dangerous,” Roberts said in a written statement. “All Members of the Court will continue to do their job, without fear or favor, from whatever quarter.”

Schumer’s office responded that his comments weren’t threatenin­g violence but, instead, “were a reference to the political price Senate Republican­s will pay for putting these justices on the court, and a warning that the justices will unleash a major grass-roots movement on the issue of reproducti­ve rights against the decision.”

Schumer’s words, however, were unmistakab­ly intimidati­ng: “I want to tell you, Gorsuch.” “I want to tell you, Kavanaugh.” “You will pay the price.” “You won’t know what hit you if ... . ” The meaning is clear: If you don’t do as we say, something bad will happen to you.

Those were threats, pure and simple. Although Schumer’s office was right that Schumer also spoke of a political backlash at the ballot box, that hardly leavens

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