Not surprisingly, Sen. Charles Schumer isn’t happy with Justices Roberts and Alito, whose version of judicial incrementalism isn’t to his liking. Here’s his conclusion, which of course shows that his view of the Court is altogether ideological:
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.
So, based on my experiences of the last two years and my reading of the last term’s cases, let me share with you how I intend to apply the lessons learned:
[F]or the rest of this President’s term and if there is another Republican elected with the same selection criteria let me say this:
We should reverse the presumption of confirmation. 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.
Given the track record of this President and the experience of obfuscation at the hearings, with respect to the Supreme Court, at least: I will recommend to my colleagues that we should not confirm a Supreme Court nominee EXCEPT in extraordinary circumstances.
They must prove by actions—not words—that they are in the mainstream, rather than the Senate proving that they are not.
And Sen. Schumer gets to decide what defines the mainstream, I guess.