Monthly Archives: February 2017

My quick thoughts on Neil Gorsuch’s Supreme Court nomination

  1. Contrary to many of President Trump’s other appointments, Neil Gorsuch appears by all accounts to be an extremely well-qualified, thoughtful, and experienced jurist with stellar credentials. Judging purely on the merits, I have seen no evidence to suggest that Gorsuch is anything other than entirely within the mainstream of conservative jurists that Republican presidents typically appoint to the Supreme Court.
  2. I will admit I was expecting a more “Trumpy” Supreme Court pick. On just about every opportunity Pres. Trump has declined to follow democratic norms and actively tried to delegitimize our political institutions. On this score, however, he made a choice that is entirely consistent with Supreme Court nominee norms and I have not seen any evidence that Gorsuch will do anything other than try faithfully to strengthen the legitimacy of the judicial branch of government. Thus, I commend Pres. Trump for respecting democratic norms on this particular choice and hope that he will continue to do so in his future decision-making.
  3. In my opinion, Democrats should not automatically filibuster the Gorsuch appointment for purely political reasons. Senator McConnell and Senate Republicans did a great disservice to our nation and our political institutions by uniformly opposing Pres. Obama’s Merrick Garland’s for purely political reasons (their inconsistent and self-serving justifications notwithstanding). This jeopardized an important democratic norm and further politicized the judicial nomination process. If Democrats were to return in kind, they become complicit in the further weakening of our democratic norms and institutions.
  4. That being said, if the Senate Democrats choose to filibuster Gorsuch for purely political reasons, any Senate Republican who criticizes them for their obstruction is 100% hypocritical and disingenuous. They insult the American public to pretend that they took the high road on the Merrick Garland nomination.
  5. If the Senate Democrats choose to filibuster Gorsuch, one silver lining might be that it will force Sen. McConnell’s hand to eliminate the filibuster once and for all. Under normal circumstances, I support the Senate filibuster as an important check on the rights of the minority. Over the last two decades, though, it has become standard operating procedure for the minority party to automatically filibuster just about everything, making an undemocratic super-majority necessary to do anything in our political system. This prevents democratic majorities from being able to govern and weakens democratic accountability by allowing the majority to blame the minority if they fail to deliver results. Given these realities, I think the it’s time for the filibuster to go, and a Senate filibuster of a qualified Supreme Court appointment might be a good occasion to make it happen.
  6. It would be a nice gesture if Neil Gorsuch were to publicly say some kind words about Merrick Garland. On the merits, it should be Garland’s seat if Senate Republicans had chosen to put democratic norms and institutions over blatant partisanship.