Earlier this week, a video highlighted Sen. Schumer’s statements on judicial nominees that directly contradict his statements today. Because he got caught accidentally telling the truth, Sen. Schumer wrote this statement. Sen. Schumer’s statement highlights his judicial philosophy, which is captured when he said “During President Bush’s term, Democrats had voted for Justice Roberts and allowed Justice Alito to go through?—?both of whom said they would, as Justice Roberts said, be umpires calling balls and strikes. Once they got on the court they immediately started moving the court in an ideological direction, and they have continued to do so. Decisions that dramatically deviated from precedent and pulled America in a strongly rightward direction, handed down with a 5–4 majority, became the hallmark of this court.”

Schumer continued, saying “Under Chief Justice Roberts, the court has deviated from strongly held precedents on campaign finance issues, voting rights, choice, unions, environmental regulations, and many others.” Notice that Sen. Schumer didn’t accuse the Roberts Court of deviating from the text of the Constitution. Sen. Schumer’s biggest concern was that Justice Roberts didn’t follow precedents, which might or might not align with the text of the Constitution.

Frankly, precedents might not be worth much. If they’re grounded in the Constitution, then they might be helpful. If they aren’t grounded in the Constitution, precedents should be rejected and/or scrapped immediately. The gospel according to Justice Scalia says that text of the Constitution and the text of the statute being litigated determine the ruling. They’re the principles behind originalism and textualism.

It’s worth noting that liberals love precedents and stare decisis when it leads to their preferred political outcome but they rejoiced when the Supreme Court threw out the precedent that led to their ruling on gay marriage. Democrats like Schumer don’t care about precedents as much as they love getting the verdicts that fit with their agenda.

Putting things in biblical terms, the difference between basing rulings on the text of the Constitution and basing rulings on precedents is striking. Precedent-based rulings are flimsy like quicksand. Text-based rulings are as sturdy as the firm foundation that they’re built on.

Shouldn’t we want to build a judiciary that makes its rulings based on something foundational, not on something flimsy?

This statement is BS:

But whether Republicans agree or not with my evaluation of whichever candidate the president puts forward, they have a constitutional obligation to hold hearings, conduct a full confirmation process, and vote on the nominee based on his or her merits.

Sen. Schumer isn’t telling the truth. There’s nothing in the Constitution, in either Article I, which deals with congressional responsibilities, or Article III, which deals with the judicial branch, that requires Congress to act on a president’s judicial nominees. Further, Sen. Schumer voted 26 times during President Bush’s first term to continue filibustering President Bush’s judicial nominees. How is filibustering judicial nominees voting “on the nominee based on his or her merits”?

I’d like to thank Sen. Schumer for issuing this statement. It exposes the flimsiness of the liberals’ judicial philosophy.

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