By Dave Andrusko
When NRLC described today’s party-line vote to break (“invoke cloture”) the Democrats’ filibuster of Supreme Court nominee Judge Neil Gorsuch as “historic,” it was no exaggeration. It is also no exaggeration to say that pro-abortion Democrats were hoisted on their own “nuclear option” petard.
After all who established the precedent in 2013 that a majority, not 60 votes, would be required to break a filibuster for all other presidential nominations? Senate Democrats under the leadership of then-Senate Majority Leader Harry Reid (Nv.)
This, of course, did not slow the parade of lamentations from Senate Democrats and sympathetic reporters and columnists.
The Media Establishment stubbornly ignored or explained away what NRLC noted earlier today: that “Prominent Democrats, including Reid himself and vice presidential nominee Sen. Tim Kaine, explicitly said in 2016 that Democrats would not hesitate to extend the simple-majority principle to nominations to the Supreme Court, if Republicans ever tried to filibuster the Supreme Court nominee of a Democratic president.”
This is not ancient history. This is last year when Democrats were confident that pro-abortion Hillary Clinton would be the 45th President.
As always, what is good for the goose (Democrats) can never , ever be good for the gander (Republicans).
Please read, “U.S. Senate Republicans unite to produce historic victory.” It is also very much worth your time to read the letter NRLC sent to the Senate on March 31 to understand why NRLC was urging “your full support to achieve the confirmation of Judge Neil Gorsuch as an associate justice of the United States Supreme Court – including support for the procedural steps necessary to accomplish this.”
Let me make two important points.
First, NRLC noted, “To our knowledge, Neil Gorsuch has not commented on the constitutional soundness of any of these Supreme Court rulings, nor has he personally ruled as a judge in any case directly implicating the putative ‘right to abortion.’” So why was the Abortion Establishment demanding “with one voice” that “senators employ the filibuster to block Judge Gorsuch’s confirmation?”
We believe it is because Judge Gorsuch has applied a belief that the Constitution does not confer on judges the authority to impose by decree the public policies that they consider enlightened or fashionable, nor authority to remove such issues from the normal democratic political processes (except when enforcing authentic constitutional prohibitions).
Roe was the preeminent example of what Roe dissenter Justice Byron White described as an “act of raw judicial power.”
Second, NRLC’s letter elaborated on why the nomination of a judge who takes judicial restraint seriously so unnerved “organizations that advocate for unrestricted abortion, and the political arms of the abortion industry”:
Abortion advocates for a half-century have sought public acceptance of an ideological doctrine that, stripped of its euphemistic trappings, allows no meaningful legal protection for unborn humans at any point prior to birth (or even, in the abortion context, immediately after a live birth). Although they have found considerable support among certain elites (e.g., the entertainment industry and the mainstream news media) and in some locales, the majority of Americans continue to reject this callous dehumanizing of the unborn child. As a result, abortion advocates find that they must frequently avail themselves of policy-committed judges, in order to nullify the actions taken by democratically elected policy makers. In order to perpetrate this long-running anti-democratic exercise, they seek to exclude from the Supreme Court those jurists who will not commit to preserve and protect their policy agenda.
Based on the evidence available, it appears that Judge Gorsuch is the type of nominee that the abortion advocates fear most – one who will take seriously his oath to defend the Constitution, even when this produces results that may outrage certain elites. They fear that Judge Gorsuch will fail to find in the Constitution any provision that denies a self-governing people the right to fashion laws that recognize the humanity of unborn members of the human family. We agree with that assessment, because there is no such provision to find.
The stage is now set for a final roll call on Friday to confirm Judge Gorsuch. Congratulations are in order, especially for Senate Majority Leader Mitch McConnell (R-Ky.) who never wavered.
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