Trump Doesn’t Get Gorsuch Until Legitimacy Crisis is Cleared Up
There are several reasons to oppose Gorsuch, of course. One is he’s a Far Right ideologue who turn back the clock on a woman’s right to choose, gay rights, voting rights, favors big business over workers, etc.
The GOP argument:
Elections have consequences. Neil Gorsuch may not be agreeable to liberals ideological preferences but elections have consequences, we won. And, nobody denies Gorsuch is very qualified by conventional legal standards.
Of course, the argument that elections have consequences is under some strain right now in light of what James Comey revealed yesterday.
In normal times the GOP argument would be reasonable. Two things though make this not at all like normal times.
1. There was Mitch McConnell’s sociopathic theft of this pick from President Obama where they refused to even give Merrick Garland a hearing. That this was a naked partisan shakedown was obvious. The GOP never even tried to conceal it. They argued some wholly absurd argument that somewhere it’s written that a President can’t choose a SCOTUS pick the year of an election.
However, later, when it looked like Trump would lose-you know, before the Comey letter-McConnell had said that even if and when Hillary wins, they won’t hold hearings for any of her picks-assuming they still held the Senate.
As Seth Masket argued when Gorsuch was first nominated, the Dems can’t get the GOP to observe norms in the future by rewarding their deviancy on Merrick Garland. If they are successfully able to steal a seat this time, why not next time? And why not, in the future, breaking other norms and seeing how much bang for their buck is found there?
“The Senate, perhaps more so even than the House, is governed by procedural norms. The idea that a president’s pick for the Supreme Court deserves a hearing, regardless of party, is one of those norms. Republicans violated that norm last year. If a major norm violation goes unpunished, the norm no longer exists. This will mean that future Court vacancies will go unfilled when different parties control the White House and the Senate. The Court will rarely contain nine members, and its capacity will be reduced. McConnell and his fellow Senate Republicans signaled last year that they find that scenario preferable to their party losing a seat on the Court.”
“Those urging Democrats to accept that they have lost this seat and simply conduct a normal judicial appointment process are asking Democrats to be the grown-ups. They’re telling Democrats to take a hit in the name of preserving an important democratic institution. But if a major norm violation goes unpunished, that institution has already been damaged. If Republicans pay no price for this transgression, it will signal that this can be done again, and it will.”
So that’s one reason why the Dems should not-must not-give way on Gorsuch.
Here’s another and at this point is most important, even more than the point about Garland, as important as that is.
Trump’s win is tainted and tarnished. Because of the Comey letter. Because of the fact that Russia subverted the election to help him win.
This would be bad enough. But the FBI is investigating him to figure out whether or not he coordinated with that Russian subversion. Senate Democrats: No SCOTUS Pick for a President Under Investigation.”
I would add not just under investigation but for coordinating with a hostile, foreign power to subvert the election.
Unless/until we know for a fact that he didn’t, I don’t see how he gets a SCOTUS pick. It’s that simple.
P.S. As we saw in my poll out last week, the long awaited poll results are in, and right now I’m just 11 points down vs. Peter King (GOP-NY-District 2). And the voters don’t even know who I am yet.
There is nothing more important in getting answers to Trump-Russia collusion than a Democratic House in 2019. Please donate to help me in my part of the effort to fight for a Dem House.
Thank you. We must have a Dem House. And so, we will.