A post at the American Civil Rights Union blog
reminds us to be suspicious of claims about the current Supreme Court's purported 'judicial activism', condemnations of its 'hard turn to the right', and (as has become popular recently) allegations that Justices Roberts and Alito somehow 'misled' the Judiciary Committee during their confirmation hearings. See, for example, Senator Schumer's remarks last month
at the American Constitution Society's convention, in which he openly wondered whether the Committee was "duped" by Roberts and Alito.
Horace Cooper of ACRU points out that comments like Senator Schumer's only "demonstrate the senators' [Leahy's and Schumer's] significant misunderstanding about the role of the Supreme Court and reveal their own flawed judicial philosophy."