Six thoughts on the upcoming vote on Judge Neil Gorsuch

By Dave Andrusko

Supreme Court nominee Judge Neil Gorsuch

Supreme Court nominee Judge Neil Gorsuch

Elsewhere today, NRLC explains why federal appeals court judge Neil Gorsuch is eminently qualified to replace the late Justice Antonin Scalia on the Supreme Court, why pro-abortion Senate Democrats are determined to derail what ought to be an easy confirmation, and outlines the all-out efforts NRLC is making to help a man with “impeccable credentials” assume his seat on the High Court.

Here are six quick thoughts the Wednesday before next week’s expected vote in the Senate Judiciary Committee.

#1. Like a bad penny, pro-abortion Hillary Clinton has returned to help poison the atmosphere surrounding the confirmation. There were some–including a few of my friends–who actually believed Mrs. Clinton would fade away after losing to pro-life Donald Trump. But that was to fundamentally misread Bill and Hillary Clinton who will never, ever go away.

#2. Democrats grouse incessantly about Judge Merrick Garland whom pro-abortion President Barack Obama nominated to replace Justice Scalia. But Republicans were perfectly within their rights (and following precedent) when they did not hold confirmation hearings–as even the Washington Post’s “Fact Checker” conceded. But that is just cover as we see in …

#3. If Senate Democrats filibuster Judge Gorsuch it will confirm what anyone who follows national politics already knew. There is no candidate any Republican President could ever nominate to the Supreme Court whom a sizable number of –if not virtually all–Democrats would not filibuster. Which leads us to…

#4. Unlike most Democrats, politics is not blood sport for most Republicans. Thus, utterly predictably, there are assorted bogus “compromises” being floated–and as is always the case, they favor Democrats. But if Democrats do filibuster….

#5. The Senate is currently controlled by Republicans, 52 to 48. Under current Senate precedents, it would require 60 votes to “invoke cloture” to end a filibuster on a Supreme Court nominee. If all Republicans vote to confirm Judge Gorsuch, eight Democrats would have to join them in support to end a filibuster. However, in 2013 the then-majority Democrats lowered the cloture threshold from 60 to a simple majority for all other presidential nominations, and the Republicans could now do the same thing for nominations to the Supreme Court. Finally…

#6. The following comes from a Washington Post story written by Paul Kane:

Sen. Robert P. Casey Jr. (Pa.), one of the first Democrats to declare his support for a filibuster of Gorsuch, said that the likelihood that the judge will not win 60 votes proves that he is outside the mainstream. “If you’re a consensus pick, you should be able to get 60 votes,” Casey said.

In reality, Gorsuch’s hearings last week unfolded without any new revelations and followed the playbook of hearings for the four justices confirmed this century. The majority asked soft questions to bolster his case, and the minority asked tough questions and demanded, unsuccessfully, that he predetermine how he would rule on hot-button issues.

In another time, Gorsuch easily might have been considered the consensus candidate that Casey described.

Democrats want a reliable pro-abortion vote on the High Court and were there any chance they might have thought otherwise (there wasn’t but…), their increasingly hysterical “base” insists they fight anything President Trump attempts to do, including filling a vacancy on the Supreme Court.