Fox News senior judicial analyst Andrew Napolitano argued Thursday that Senate Minority Leader Charles Schumer’s (D-N.Y.) remarks that Supreme Court Justices Neil Gorsuch and Brett Kavanaugh would “pay the price” if they voted against abortion rights could be a “dog whistle to crazies.”
“I condemn what Schumer said, but will defend to the death his right to say it. But it is dangerous speech if more people pick up on it,” Napolitano said on “Fox & Friends.”
“He might actually be sending a dog whistle to crazies out there,” Napolitano added.
Schumer’s office did not immediately respond to a request for comment.
Napolitano’s on-air comments came a day after Schumer warned that Gorsuch and Kavanaugh, who were both nominated by President Trump, had “unleashed a whirlwind” and “will pay the price” if they voted against abortion rights.
“You won’t know what hit you if you go forward with these awful decisions,” Schumer added.
The Supreme Court heard arguments Wednesday regarding a Louisiana abortion law, making it the biggest abortion case to come before the court since Trump took office.
Supreme Court Chief Justice John Roberts later rebuked Schumer in a rare public statement.
“Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous. All Members of the Court will continue to do their job, without fear or favor, from whatever quarter,” Roberts said.
Schumer later spoke on the Senate floor, saying Thursday that he “shouldn’t have used the words” that he did.
“Now I should not have used the words I used yesterday,” Schumer said. “They did not come out the way I intended to. My point was that there would be political consequences, political consequences for President Trump and Senate Republicans if the Supreme Court … stripped away a women’s right to choose.”
Updated at 6:02 p.m.