Interim D.C. U.S. Attorney Ed Martin has launched a preliminary investigation into Senate Minority Leader Chuck Schumer (D-NY) over comments he made in 2020 regarding Supreme Court Justices Brett Kavanaugh and Neil Gorsuch. The investigation follows renewed attention on Schumer’s remarks, which some interpreted as a threat against the justices ahead of their decision on Roe v. Wade.

On March 4, 2020, Schumer spoke outside the U.S. Supreme Court during oral arguments in a Louisiana abortion case, warning Justices Kavanaugh and Gorsuch of consequences if they voted to restrict abortion rights. He said, “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.” Schumer later sought to clarify his words, claiming he did not intend to threaten the justices and accusing conservatives of manipulating his comments to create outrage.

In response, an ethics complaint was filed against Schumer, but no action was taken at the time. However, on January 21, 2025, Martin confirmed that a preliminary inquiry had been initiated regarding the remarks. The letter, addressed to Schumer, emphasized that threats against public officials were taken seriously.

Schumer’s comments on Kavanaugh and Gorsuch are not the first instance of politically charged rhetoric from the senator. In 2017, Schumer warned President Donald Trump against challenging the intelligence community, stating they had “multiple ways to retaliate.” This new investigation underscores growing concerns about the impact of public figures’ rhetoric on judicial independence and public trust.