With the public outrage holding at a constant 11, it’s no surprise that the Gorsuch confirmation is about to go nuclear. By going “nuclear,” I mean that the Senate GOP could invoke the “nuclear option,” which would change Senate rules and lower the confirmation threshold of 60 votes to 51 votes, a simple majority. This move would be unprecedented.
This ultimatum of sorts is in response to the Democratic caucus in the Senate that has 41 members ready to vote against Judge Neil Gorsuch’s confirmation to the Supreme Court. They believe the seat belongs to Judge Merrick Garland, given that President Obama nominated him. In their minds, Gorsuch has no right to the seat because the Senate majority stole it for him.
Now that is some rich grandstanding from the Left. Gorsuch was unanimously confirmed to the 10th Circuit Court of Appeals in 2006. Yet, among those vowing to vote “no” are Sen. Dianne Feinstein, Sen. Dick Durbin, Sen. Chuck Schumer, and Sen. Ron Wyden. Sen. Wyden’s about-face is particularly startling. He tweeted that Gorsuch’s nomination “harkens back to the days when politicians restricted a people’s rights on a whim.” I’d kindly ask why he would’ve voted for him back in 2006, but that’s just me.
On Monday, the Senate Judiciary Committee voted to move the vote to the full Senate. The vote fell along party lines, 11-9. Leading GOP Senators are weighing the options of going nuclear. Those hesitant to changing Senate rules, such as Sen. John McCain, are considering the effects of this move, including how it could affect legislation votes and the filibuster.
Speaking of the filibuster, Sen. Chuck Schumer promised to filibuster because Gorsuch “did not acquit himself well at the hearings and did not impress our caucus in three ways.” Those ways include:
his past judicial rulings, concern he would not be independent-minded about the Trump administration, and what they saw as evasive answers under questioning by the Judiciary Committee.
Again, past liberal support seems to belie Sen. Schumer’s crusade against Gorsuch. Gorsuch upheld himself well in his hearings, understands the proper function of the judiciary, and does not appear publicly beholden to any one ideology.
The opposition to the current nominee seems to be nothing more than opposition to the nominating party. The irony in all this is that a judge like Gorsuch, who respects the law for what it is, would be an ally to the Left were Trump to pass crazy legislation.
Frankly, all Americans stand to benefit from a “Supreme Court Justice Neil Gorsuch,” who would fairly uphold the constitutionality of our nation.