On 7/20/2023, the Senate Judiciary Committee voted, 11-10 along party lines, to approve Sheldon Whitehouse’s (D-R.I.) bill … Republicans said the entire Democratic effort was an act of retaliation aimed at the high court’s 6-3 conservative supermajority and its decisions last year. Republicans repeatedly referenced Senate Majority Leader Chuck Schumer’s statement on the steps of the Supreme Court Justices Neil Gorsuch & Kavanaugh

Kennedy: I would be more upset if my Dems trying to move it when they have the votes
While I’m upset with this bill, I would be more upset if my Democratic colleagues were trying to move it when they have the votes. Now, they don’t have the votes. You got the votes to get it out of here, but this thing’s dead as Fried Chicken on the senate floor, and it’s dead as Fried Chicken in the house.

Kennedy: if you did have the votes & could pass this bill, you wouldn’t do it
And maybe I’m naive, but I believe in my heart of hearts that if you did have the votes and you could pass this bill, which we all know would just destroy the United States Supreme Court as an institution, you wouldn’t do it. Maybe I’m naive. It’s still a dangerous bill.

Kennedy: It’s about Harvard case, Dobbs..; Schumer: you will pay the price.
This bill is, and we all know it, the Press knows it, this bill is about the Groff case, the Elena’s case, the Harvard case. It’s about Dobbs; it’s about Brewing; it’s about West Virginia versus EPA. We all know what a tell is, even if you’ve never played poker, you know what a tell is. A tell is behavior that gives unintended information about what you really think. There are funnier tells about what this bill is really about. I still can’t get over, Mr. Chairman, that he said it. I still can’t get over that Senator Schumer went to the steps of the United States Supreme Court and said the following, and I’m going to quote him because it gives me chills of the wrong kind. Senator Schumer said, ‘I want to tell you, Gorsuch, not Justice Gorsuch, 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.’ Oh my God.

Kennedy: Dems’ amicus brief, you disagree with opinions of SCOTUS
And later the next day, our colleague had a chance to fix his remarks on the Senate floor. Here’s what he said, quote, ‘there would be political consequences for President Trump and Senate Republicans if the Supreme Court with newly confirmed justices stripped away a woman’s right to choose.’ What bigger tell do you want? … This is what some of my colleagues said in their brief, quote, ‘the Supreme Court is not well, and the people know it. Perhaps the court can heal itself before the public demands it be restructured in order to reduce the influence of politics … ‘ That’s what this case is all about, this bill is all about, and I get it, you disagree with opinions of the United States Supreme Court.

Question: Would the senator yields for a question?
Kennedy: no, I will not. Oh, I’m sorry, Senator Cornyn, if I could finish my thought, Senator, I think that was,

Durbin: that’s the tell, that’s a tell.

Kennedy: I thought it was Senator Blumenthal if I could just finish. If I could just finish my thought, Mr. Chairman, I get it, you disagree with Breyer, you disagree with Dobbs, I get it, the answer is not to destroy the Supreme Court. Well, the senator yields for a question, I will not. You, uh, I get it, but the way to change a ruling in the Supreme Court is to go find the right case and persuade them, and that’s my final point. I appreciate all the time; now I’ll yield.

Cornyn: Schumer makes a threat, impact? assassination attempt on Kavanaugh
The senator is aware that there was an assassination attempt on a sitting Supreme Court Justice, Justice Kavanaugh, are you aware of that? Yes, can you have an opinion about what the impact on an unstable mind might be when the majority leader of the United States Senate stands up in front of the Supreme Court of the United States and makes a threat against the court? What the impact might be on an unstable mind? Well, it could be. I’m not a psychiatrist or a psychologist, but I think most of us, all of us have common sense. I think it would be extraordinary

Kennedy: heated rhetoric about ethics? Uncle Tom? wouldn’t get rid of filibuster
I think all this heated rhetoric about ethics, about Clarence Thomas being an Uncle Tom, I mean, come on, I think it just destroys the institution. And again, this bill isn’t going to pass, and I think we all know that, and I still believe my Democratic colleagues, if they had the votes, wouldn’t bring it, just like if we got down to it, they wouldn’t get rid of the filibuster, they wouldn’t get rid of the blue slip; we’d given away enough power.

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Kennedy: It’s about Harvard case, Dobbs SCOTUS opinions you disagree, not about ethics