The Kavanaugh Incident

This article first appeared in New English Review. (Hat tip The Volokh Conspiracy)

I hope that Senator Chuck Schumer (D-NY) is engaging in some self-reflection after the news that a California man has been arrested in Montgomery County, Maryland (a suburban area of Washington DC) while on a mission to murder Supreme Court Justice Brett Kavanaugh. (He reportedly found the address on the Internet.) Two years ago, Schumer stood in front of the Supreme Court at a protest and proclaimed: 

“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,” 

Then, when the leak of a Supreme Court draft opinion arguing for the repeal of Roe vs Wade occurred, conservative justices found pro-abortion crowds demonstrating in front of their house. Then-White House Press Secretary, Jen Psaki, when asked about this, basically pooh-poohed the question stating that the White House doesn't control where people exercise their right to peacefully protest.

Actually, there is a federal law on the books that prohibits demonstrations in front of judges' residences. The purpose of the law is to protect judges (as much as possible) from having threats against them or their families improperly influence their judicial decisions. The statute is 18 USC 1507. But, not surprisingly, Attorney General Merrick Garland has decided not to enforce it. But now he indignantly proclaims that there can be zero tolerance for what has occurred in front of Justice Kavanaugh's home.

So we have come almost full circle since Schumer issued his infamous threat two years ago. I say "almost" because a complete full circle would mean the assassination of a Supreme Court justice. In our current society, is that so far outside the realm of possibility? I think not. As much as I may disagree with the 4 liberal justices, I certainly don't want them subjected to this type of treatment from conservatives who may be off their rockers. They must all be protected.

Senator Schumer would, no doubt, argue that he did not mean for someone to actually harm Kavanaugh or Gorsuch. But don't we all know by now that words can be taken by different people in different ways? Of course. We have so many unbalanced people walking around these days who are committing murder and mayhem for a whole spectrum of reasons, many of which make no sense at all.

If the integrity and credibility of the Supreme Court are to survive, we cannot have it being subjected to mob influence. The institution is already enough of a political football when it comes to the selection and confirmation process. Whatever you think of Roe vs. Wade, if the final vote turns out to have been changed because of the public uproar and very real danger to the justices and their families, then it is destroyed as an institution.