A Tale of Two Schumers

Allow yourself to fantasize about Sen. Chuck Schumer (D - NY) expressing these words of wisdom about Judge Alito:

"I'd like to read to you what Judge Alito has said about his own judicial philosophy: I consider myself a conservative . . . with a fair appreciation of judicial restraint. . . . Judge Alito has certain positions he personally believes in. He has an ideology. That's clear from . . . [his] pro-life point of view. That's different than mine. And of course I do not have a litmus test. Most of us don't. But what's abundantly clear from his record on the bench is that he can check his personal beliefs at the chamber's door and judge fairly and honestly."

Short of a Christmas season change of heart rivaling that of Ebenezer Scrooge, we will not be hearing such sentiments about Judge Alito coming from Chuck Schumer. Yet Schumer said exactly these words – if you substitute "Wesley" for "Alito" – in a June 2003 press release. At the time, the nomination of Judge Wesley of the U.S. Court of Appeals for the Second Circuit was before the Senate.

Is there any reason to believe that Judge Alito is less capable than Judge Wesley of checking his personal beliefs at the chamber's door? Absolutely not. The improbability of Schumer expressing similar sentiments about Alito has, I suspect, everything to do with both New York politics and the influence of liberal special interest groups, and nothing to do with any real differences between the nominees.

Thanks to Dan Sullivan for bringing Schumer's 2003 press release to CFJ's attention.