Trump has named his nominee to the Supreme Court, with a reality show-like flourish, and we spent a couple of days hearing about how eminently qualified the honorable judge Gorsuch is, how pleasant a man he is, what a great colleague and … and … fuck all. Frankly, his qualifications are irrelevant. Much as the Republicans would like to pretend that time began Tuesday evening at 8:00pm, we all know what happened over the last year after the unexpected passing of Justice Scalia – basically, Mitch McConnell and the Senate GOP invented a new obstructionist rule, saying in essence that President Obama had no right to name a replacement justice in the final year of his second term.
I agree with Oregon Senator Jeff Merkely on this. That seat on the Supreme Court was stolen by the Republicans on the then-long chance that they might win the 2016 election. Now they expect everyone to just forget all that and proceed with the swift confirmation of a man who is significantly to the right of the reactionary justice he would be replacing. I am not alone in saying, fuck that. Eight is a nice, round number – let’s just stay there, shall we?
The notion that the Democrats need to allow this one to go through unchallenged is truly a case of playing by the last decade’s rules. Here’s the argument: Give Mitch McConnell his vote and he won’t blow up the filibuster on Supreme Court nominees. If you don’t, he’ll invoke the “nuclear option” and you won’t have the filibuster should another vacancy – this time perhaps left by a more liberal justice – comes up in Trump’s tenure. That is just magical thinking. If the filibuster can be shot down that easily, what’s to stop them from doing that next time around? The suggestion that they would somehow refrain out of collegiality or gratitude is laughable. At least filibustering Gorsuch would demonstrate to the majority of people that you’re willing to stand for something. Do nothing and not only will their man be seated on the Court, but next time you try to use the filibuster they’ll just toss it out. You gain nothing – and lost much – by being accommodating.
Now for what really irks me. Who knew that the filibuster was so easily disposed of? I had a suspicion when the Republicans threatened the “nuclear option” during the Bush years, but almost all the way through the years of Democratic Senate majority they wouldn’t touch it. You mean to tell me that in 2009-10, all the Dems had to do to get (1) the public option, (2) card check, (3) a bigger stimulus and more was to do a rule change in the Senate? What. the. fuck. That is a titanic political fail, and we are all the losers for it.
luv u,
jp
