'It is the pro-abortion justices who released the whirlwind'

Sen. Chuck Schumer, D-N.Y. (Photo: Screenshot/MSNBC)

Two constitutional-law experts say it is the pro-abortion justices on the U.S. Supreme Court who have "released the whirlwind," not President Trump's appointees, Brett Kavanaugh and Neil Gorsuch.

Herb Titus, who taught constitutional law for 26 years and was founding dean of Regent Law School, and Bill Olson, who served three positions in the Reagan administration, were referring to the threats March 4 against the two justices by Senate Minority Leader Chuck Schumer at a rally for abortion advocates in front of the Supreme Court.

"Rather, it is the pro-abortion justices on the court who released the whirlwind – on babies, and also on wounded mothers and fathers who only later realized what they had done," they wrote in a commentary published by the Western Journal.

Schumer said: "I want to tell you, Gorsuch! I want to tell you, Kavanaugh! You have released the whirlwind, and you will pay the price! You won't know what hit you if you go forward with these awful decisions."

In a rare statement, Chief Justice John Roberts immediately rebuked Schumer for the threat.

See Schumer's threats:

Titus and Olsen wrote: "It is the high court that gratuitously imposed in Roe. V. Wade upon the American people a 'constitutional right' to an abortion based on neither constitutional text nor reason, neither law nor fact, but based wholly on emotion and predilection."

Schumer, they charged, used words "meant to inflame the crowds, exactly as they did on the Supreme Court steps."

"And, importantly, Schumer’s impassioned accusation was designed to confuse the public by making it appear that the Supreme Court in the June Medical Services case being argued could ban abortion in every state overnight simply by overturning Roe v. Wade. That would be, politely stated, a pack of lies. But this is what many people think."

The two said Schumer "spat out his venom."

"The most logical interpretation is that these words were meant to be some type of threat of force or violence. In 2020, we are replete with video footage by journalist Andy Ngo and others being attacked by antifa in Portland, the hidden videos of Bernie Sanders’ campaign staffers threatening violence and attacks on those wearing Trump garb," they wrote.

Washington Examiner columnist Paul Bedard wrote Friday that Schumer will become the "poster boy" for many 2020 election campaigns.

"Get ready to see more of Senate Minority Leader Chuck Schumer’s threatening rant against Supreme Court Associate Justices Neil Gorsuch and Brett Kavanaugh on the 2020 campaign trail," he said.

Carrie Severino of the Judicial Crisis Network called Schumer's threats a "uniquely ugly moment."

"Voters should see the kind of extreme tactics that are condoned by the Democrats," she told Bedard.

Some of the reaction to Schumer's threats:

The Coalition of African American Pastors has launched a petion asking Senate Majority Leader Mitch McConnell to censure Schumer. "We, the undersigned, appeal to you and the Senate as a whole to officially censure fellow Senator Charles Schumer for his threats to Supreme Court Justices Kavanaugh and Gorsuch. Those remarks, made during a rally at the Supreme Court on a pending case, were clearly intended to influence the decision on that case. Despite Sen. Schumer’s later excuses, the comments were threatening in nature and were made with the intent of stirring up animus (and possibly violence) against the justices," the petition states.
WND reported Schumer is facing ethics complaints filed with the Senate Ethics Committee and the New York bar's Grievance Committee. "At a minimum, Attorney/Senator Schumer's statements appear to be improper conduct that reflects upon his character and fitness to practice law in New York," wrote Joseph Gioconda, a lawyer who sent a note to the grievance committee. The nonprofit National Legal Policy Center also filed complaints.
Harvard Law School professor Laurence Tribe called Schumer's statements "inexcusable," and Senate Majority Leader Mitch McConnell said it was nothing "except a threat."
Among the leaders who have called for censure are former South Carolina Sen. Jim DeMint, Republican Attorney General's Association Chairman Jeff Landry, former Ronald Reagan campaign adviser Ed Rollins and Turning Point USA founder Charlie Kirk.
Sen. Josh Hawley, R-Mo., has proposed a Senate resolution to censure Schumer.
In a rare public statement, Supreme Court Chief Justice John Roberts rebuked Schumer for his "dangerous" threats.
A number of states' attorneys general have condemned Schumer's statements.

Schumer has tried to walk back his comments, saying he didn't mean them as a threat. But he didn't apologize or withdraw them.