Fox's Napolitano: Schumer's 'pay the price' remark could be 'dog whistle to crazies'

Fox News senior judicial analyst Andrew NapolitanoAndrew Peter NapolitanoFox's Napolitano to Trump: First Amendment 'does not regulate Twitter' Judge Napolitano: Trump doesn't have right to override governors on church openings Fox's Napolitano: NJ gym owner defying stay-at-home order 'an American hero and national treasure' MORE argued Thursday that Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerSheldon Whitehouse leads Democrats into battle against Trump judiciary GOP lawmaker calls on Senate to confirm Michael Pack as head of US media agency McConnell blocks resolution condemning Trump over treatment of protesters MORE’s (D-N.Y.) remarks that Supreme Court Justices Neil GorsuchNeil GorsuchChief Justice Roberts wisely defers to California governor in church challenge  It wasn't just religious liberty that Chief Justice Roberts strangled Supreme Court denies California church's challenge to state restrictions MORE and Brett KavanaughBrett Michael KavanaughWhy the Senate must vote against Justin Walker's nomination to the D.C. Circuit Court Senate panel sends Trump appeals court pick to floor in party-line vote Rosenstein takes fire from Republicans in heated testimony MORE 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 TrumpDonald John TrumpTwitter CEO: 'Not true' that removing Trump campaign video was illegal, as president has claimed Biden formally clinches Democratic presidential nomination Barr says he didn't give 'tactical' command to clear Lafayette protesters MORE, 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.