Breyer's Remorse

A new poll by ABC has found that only fifty one percent of liberals see the Supreme Court as "too conservative" Sen. Chuck Schumer (D-N.Y.) is definitely one of them. In a speech last week, Schumer lamented the influence of new Supreme Court Justices John Roberts and Samuel Alito. "Alito shouldn't have been confirmed," Schumer said. "There is no doubt we were hoodwinked." To avoid an even more conservative court, he said the Senate shouldn't confirm another Bush Supreme Court nominee "except in extraordinary circumstances." Although no high court vacancies are imminent, Schumer has been known to seize on opportunities like this one to raise money for the Democratic Senatorial Campaign Committee, which he chairs. Meanwhile, he seems to have an unusual partner in judicial skepticism Sen. Arlen Specter (R-Penn.). After conversations with liberal Justice Stephen Breyer, Specter has said that he'll use his power as ranking member of the Judiciary Committee to "study the decisions of the Roberts Court" to see if the new justices have ignored precedent after promising to respect it. Most legal scholars agree that the Roberts court's first full term was a mixed bag that mostly avoided partisan labels. However, the comments by Senator Specter, who has been an outspoken ally in the GOP's battle to confirm more judges, can certainly be seen as lending a hand to Schumer's calculated attack on the U.S. Constitution.