CLEVELAND, Ohio– It was indefensible for Senate Republicans to refuse to hold confirmation hearings for Merrick Garland. It would also be wrong for Democrats to obstruct the confirmation of Neil Gorsuch. Doing so could potentially hurt Democrats in the midterm elections. And it would take the focus away from the real threats to the nation’s principles, like Steve Bannon.
Garland is a center-right Justice. Before his nomination, he was widely respected by both Democrats and Republicans, which is one reason Obama nominated him.
Senate Republicans made the weak argument that they wouldn’t hold confirmation hearings for Garland because it was an election year. They instead saw leaving the court one member short for a year and example of good governance?
When Obama was re-elected president in 2012 it was for a four-year term, not a three-year term. And it came with the perk of making nominations for SCOTUS at any time in that four-year term.
Imagine the hue and cry from Republicans, if in the last year of Trump’s first term, he nominates someone to SCOTUS and the Senate refuses to hold confirmation hearings because it’s an election year.
Swing voters put Trump over the top in the Electoral College. Many of those voters held their noses to vote for Trump. One reason voters often cited for their Trump support was they felt better about him making a SCOTUS nomination than Hillary.
It would be a mistake for Democrats to underestimate how big a factor SCOTUS was in driving Trump to victory.
Gorsuch isn’t Bork.
One big reason blocking Gorsuch could backfire on Democrats is that Gorsuch leaves a far more favorable impression than someone like Bork did. Gorsuch comes off as likable. His credentials are impeccable. Some judicial experts say his judicial writings are more in line with John Roberts than Scalia. Others say he is younger version of Scalia. Still others say he’s a mix of both.
In a way, a nominee’s politics should be moot. A president has the right to nominate who he wants to SCOTUS and to his cabinet. It’s the perk of winning the election, whether you’re a Democrat or Republican. That should be respected more than it has been.
This isn’t the battle Democrats should pick. Gorsuch restores the same court balance that existed with Scalia. Democrats should save their fire for when one of the liberal Justices leave court, or the moderate Kennedy does.
I’m far more troubled by Bannon and Flynn.
The first call Gorsuch made after being nominated was to Merrick Garland. Class move. Democrats should follow that example and Michelle Obama’s wisdom to go high when they go low.
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