Shifting the Roe Burden Back to Schumer

Much like King Nebuchadnezzar's instructions to the three Hebrew boys, Senator Chuck Schumer (D-N.Y.) has telegraphed to Judge Brett Kavanaugh a way out of the fiery furnace of confirmation.  Kavanaugh need not bow down to a golden image, but he must give obeisance to Roe v. Wade, the 1973 landmark abortion case.  "The onus is on the nominee," Schumer has declared, "to show where he or she might stand" on Roe.  Schumer says he will take an "affirmative statement of support" for Roe and nothing else.  Schumer is engaging in what lawyers call improper burden shifting.  Kavanaugh's education, public service, and experience on the Court of Appeals for the D.C. Circuit all counsel in favor of his qualification and speedy confirmation.  Schumer seeks to ignore Kavanaugh's pedigree and make fidelity to Roe the issue.  But if Kavanaugh's receipt of...(Read Full Article)