By David Harsanyi • The Federalist
It looks like Senate Democrats have the 41 votes they need to block the nomination of Neil Gorsuch to the Supreme Court. This means majority leader Mitch McConnell is almost surely going to use the nuclear option to confirm him. Which is a shame.
We can only assume this is what Chuck Schumer intended. The minority leader knows full well that, one way or another, Gorsuch would be on the court. Perhaps the nuclear option was fait accompli, but with nothing to show for the 2016 election thus far, Republicans need a tangible victory.
Schumer probably also believes Republicans would nuke the judicial filibuster on the next Supreme Court pick, anyway. He’s probably right. So what downside is there for him in forcing the GOP to put the filibuster out of its misery? Continue reading
By Peter Roff • USNews
It’s not clear when the Senate started playing politics with Supreme Court nominations. Some say it’s been that way all along, going back at least as far as the time of Chief Justice John Marshall and Marbury vs. Madison.
Others say the confirmation process only became truly venomous after President Ronald Reagan selected federal judge Robert Bork, a former U.S. solicitor general, to fill a seat that would shift the high court’s delicate balance of power in a rightward direction.
Bork was ultimately defeated, not because he was unqualified for the post – according to the standards in place before he was nominated he could only be described as supremely qualified – but because Senate Democrats feared how he would rule. Continue reading
By Evan Harris • ABC News
President Obama’s expressed hope today in his weekly address “that we can avoid the political posturing and ideological brinksmanship that has bogged down this (Supreme Court nomination) process, and Congress, in the past” runs against another historical first for the 44th president: his unique role in history as the first US President to have ever voted to filibuster a Supreme Court nominee.
So while there is little indication Republicans intend to filibuster President Obama’s nominee for the Supreme Court, Judge Sonia Sotomayor, the GOP will likely invoke the President’s unique history whenever he calls their tactics into question.
In January 2006, then-Sen. Obama joined 24 colleagues in a futile effort led by Sen. John Kerry, D-Mass., to filibuster the Supreme Court nomination of now-Justice Samuel Alito. Continue reading
It would seem to be a rather unfortunate time for Democrats in Washington to make a naked power grab. Americans already don’t trust them with the powers they have amid the ObamaCare crash and nobody likes to see politicians do anything naked. At all.
Whatever one thinks about the Republican habit of blockading President Obama’s judicial nominees – an unremarkable continuation of bipartisan blocking tactics or pure Copperheaded obstructionism – the moment doesn’t seem quite right for the unpopular party in power to start throwing its weight around. Continue reading