In my last post, I talked about why filibustering the confirmation of Neil Gorsuch was a bad idea for the Democrats, here I’m going to expand upon that.
30 Democrats have come out against the confirmation of Judge Neil Gorsuch to the Supreme Court, and many of them are poising to filibuster the confirmation. They are within their full rights to do this, Article II of the Constitution states that the President appoints positions “with the advice and consent of the Senate”. My problem with their decisions is the flawed logic behind them; many of them give very weak and unconvincing reasons as to why they are opposing him:
Tammy Baldwin (D-Wis.) says she has “concerns about this nominee’s deeply troubling record.” (a record that shows Gorsuch interpreting laws for how they are written, and not giving favor to either side). Kamala Harris (D-Calif.) said “Judge Gorsuch has consistently valued narrow legalisms over real lives” (I’ll let Ben Shapiro of the Daily Wire to explain why this is ridiculous). Chris Murphy (D-Conn.) ironically said that he is “deeply concerned about the politicization of the Court”.
Probably the worst of these reasons is from Senator Cory Booker (D-N.J.), who Tweeted on February 1st that he will oppose the nomination. February 1st was the day Gorsuch was nominated. Without learning anything about him from the hearings or hearing any reasons why he should be confirmed, Booker had made up his mind.
This goes to show the real motivation behind the borderline baseless blocking of Gorsuch: Petty partisan politics. This is accentuated by the fact that on the night that the nomination of Gorsuch was announced, protesters waited outside the Supreme Courtt Building with signs that said “Oppose ____”, allowing them to fill in the blank for whoever was nominated.
The Democrats would oppose anyone nominated by President Trump, it’s as simple as that. They are still bitter over what was done to Merrick Garland, and because of that are willing to essentially throw a temper tantrum and shoot themselves in the foot over anyone who the President nominates. If the Democrats are so open to bipartisanship and working together as they say they are, why aren’t they reaching across the aisle on an issue as easy as this? Gorsuch hasn’t vowed to undo Roe v Wade (as they feared a Trump nominee would), he doesn’t like the idea of judges legislating from the bench, he has denounced Trump’s attacks on federal judges, and he is a staunch supporter of the separation of powers, something very important in today’s political climate.
And it’s not like this is going to do anything but harm the Senate, the Democrats, and the country; if there is a filibuster, Senator Mitch McConnell will invoke the “nuclear option” and change Senate rules to push Gorsuch through with a 51-vote nomination. And don’t think that Mitch McConnell wouldn’t do that, he’d be more than happy to.
Like I said previously, going nuclear doesn’t work out well for Democrats. Many of the Justices on the Court are old, and we have at least 4 long years in front of us. The Democrats protesting now, coupled with a Republican rule change, would allow Trump to guarantee a Supreme Court spot for anyone he nominates for the next 4 years with little to no opposition, provided the Republicans keep a majority. They are possibly ruining their chances of blocking a much more controversial Supreme Court nominee, all in the name of saying “no” to anything Trump and the Republicans do.
In my opinion, if Gorsuch is confirmed without any circus acts on the Senate Floor, no one loses; Neil Gorsuch is well qualified, has proven to have a judicial philosophy that favors written law, and avoids mixing his personal opinions with rulings. If Democrats decide to filibuster and McConnell goes nuclear, everybody loses, especially Democrats.
The Supreme Court is supposed to be free of politics. And while Republicans did make it political with the blocking of Merrick Garland, the Democrats seem literally dead-set on keeping it political.
What Chuck Schumer and the other Senate Democrats are doing is cutting off their nose to spite their face.
Here is a link to a list of the contact info for the offices of the Senate. By all means, call and write to your Senator so they hear your voice in this incredibly important decision.