Hold the Mayo

July 27, 2007

The Unbalanced Chuck Schumer

Forget the Constitution. Forget that whole Balance of Powers idea. One man has been self-appointed the decider. One man has decided that he will not only assume the Presidential Authority to nominate Justices to the Supreme Court. One man has decided that he will usurp the Senate's authority to advise and consent.

That man is Charles Schumer. Or as one New York radio host calls him "Chuckie Cheese Schumer." (Which in Lileks world would translate into Chuck E' Fargin Cheese Schumer).

Chuck is apparently displeased that Justices Roberts and Alito turned out to be a conservative as everyone knew they were when they were confirmed to the Court.

"Were we duped?" he asked.

"Were we too easily impressed by the charm of nominee Roberts and the erudition of nominee Alito?" Schumer asked. "Did we mistakenly vote our hopes when our fears were more than justified by the ultraconservative records of these two men?"

"Yes," he said.

Chock finds the newest justices' conservatism troublesome because

“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.”

Leaving aside that the Court is currently comprised of 4 Liberals, 4 Conservatives and 1 swing vote and couldn't possibly be more balanced. Leaving aside that a nine member court can never be "balanced" in a two party political system. Where is it written in the Constitution or in any law written under the Constitution that the Court must be balanced? When in history has the Court ever been balanced?

Like any good liberal Chuck only considers the Court balanced if it has a clear liberal majority. One cannot help but wonder if his panic over possible replacements for Justices Stevens or Ginsburg arises from some inside information on a possible resignation? Baring that, there is clearly evidence a lack of balance. Only it is Schumer that is unbalanced.

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