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Republicans Threaten Nuclear Option to Confirm Gorsuch

Democrats are close to having the required votes to defeat Neil Gorsuch. Republicans will then change the rules to allow passage by 51 votes (the nuclear option.)

If that means that radical right justices like William Pryor can be confirmed by 51 votes, I am not in favor of the filibuster. Trump may get to name several supreme court judges over the next few years, if he stays in office that long, and the damage he will do to the Supreme Court and federal judiciary where there are 100 vacancies, is enormous. I'm not a supporter of Gorsuch or his opinions, but he's not in the same league as William Pryor (or John Yoo, for that matter -- how long before his name comes up?)

Republicans lie through their teeth when they say they don't want activist judges. That's exactly what they want. From a TL post in 2005:

In fact, Republicans favor judicial activism. They want judges who will actively disregard the Bill of Rights and civil rights laws in favor of the religious right's agenda. Indeed, one of the judicial nominees whose consideration may trigger the nuclear option is an unabashed judicial activist.

Janice Rogers Brown of the California Supreme Court, has long declared her contempt for judicial precedent, notably writing in one opinion, "If our hands really are tied, it behooves us to gnaw through the ropes."

As People for the American Way said in 2005:

We oppose the nominations of unqualified, out-of-the-mainstream judges who would turn back the clock on decades of progress in securing fundamental rights and liberties, including civil rights, privacy rights, reproductive rights, environmental safeguards, workers’ rights, consumer rights, and religious liberty; and we support the withholding of Senate consent to such nominations through the use of the filibuster if necessary.

Federal Judgeships are for life. Someone other than one of the three blind mice need to do the choosing.

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    Well, all I have (5.00 / 1) (#1)
    by Ga6thDem on Mon Apr 03, 2017 at 02:09:51 PM EST
    to say is go for it and destroy the filibuster if you're willing to go that far to put Vladimir's pick for the supreme court.

    The filibuster will not keep Pryor (5.00 / 7) (#2)
    by caseyOR on Mon Apr 03, 2017 at 02:33:42 PM EST
    and others of that ilk off the Supreme Court. As long as Republicans control the Senate and the White House they can get anyone they want on the Court. If the Democrats back down do not force the filibuster,  and let Gorsuch be confirmed Pryor or someone like him could well be the next nominee.

    And what would you have Democrats do then? Sit passively by and let another authoritarian rightwinger take a seat on the Court? If the Dems do not fight it with Gorsuch, they will have to fight next time. The Republicans will opt for the nuclear option as soon as Dems stand in their way. Might as well get it over with.

    Let's just do away with the fiction that the Republicans play by any of the old accepted rules. There is no collegiality in the Senate, or the House for that matter. It is trench warfare right now. The sooner the Democrats accept that and fight accordingly the better.

    Don't belive in (5.00 / 5) (#5)
    by MKS on Mon Apr 03, 2017 at 03:32:25 PM EST
    keeping your powder dry....for another fight at another time.

    I came to realize this with the wins for marriage equality.  I used to believe the advocates of marriage equality needed to get the timing right, and "keep their powder dry" to avoid fights they could not win.  But, no, the advocates fought hard at every step, never waiting for tomorrow.  Didn't matter if they  lost a round or two; they kept at it. And they created their own momentum.

    No backing down now on Gorsuch and the filibuster.  Go down swinging. To not use the filibuster now would demoralize the base.