While Democrats are scrapping to block President Trump’s Supreme Court pick, the Republicans may have enough control to manage the game…
Senate Minority Leader Charles E. Schumer (D-N.Y.) has joined the growing chorus of Democrats who have vowed to filibuster President Donald Trump’s Supreme Court nominee, Judge Neil Gorsuch. The signal from the Senate’s top Democrat sets the stage for what could be a contentious nomination battle, and could result in a change to Senate rules.
As of right now, Democrats are set to force Gorsuch to clear procedural “hurdles” that would require 60 votes for his nomination. However, Republicans could take the more drastic measure of simply revamping procedural rules to require a simple majority vote. With Republicans controlling 52 seats in the Senate, they would likely face little trouble securing a simple majority vote. This can be achieved through the “nuclear” option, a complex series of simple majority votes that can be used to change Senate rules.
Out-going President Obama declined to use loopholes to appoint would-be Supreme Court Justice Merrick Garland. On January 3rd, between the old Senate leaving office and the new Senate coming in, Obama could have appointed Garland for up to a year. Senate Democrats also declined to change rules, fearing the long-term ramifications.
If Democrats do filibuster Gorsuch’s nomination, however, Republicans may move to change Senate voting rules to allow for a simple majority vote. Democrats were hesitant to take such measures to secure Obama’s nomination as major rule changes can upset the balance of the Senate. So far, it appears that Republicans will not be as beholden to such reservations.
Democrats Remain Wary of Gorsuch Despite Strong Hearing Performance
While Gorsuch used his Senate hearing largely to position himself as a more neutral legal mind, who would adhere strictly to the letter of the law and the Constitution rather than personal political predilections, many Democrats remain wary. Known as a strict Constitutionalist, Gorsuch is only fifty years old and would likely serve on the Supreme Court for decades.
With two other Supreme Court Justices already over 80 years old, it is likely that Trump will get to nominate one or two more Justices over the next four years. The longest-lasting impact of the Trump administration may ultimately be in the Supreme Court, as appointments are for life and the Supreme Court is vital for interpreting law. Trump has vowed to nominate hard-lined conservatives. Doing so would appeal to his base, as well as the GOP as a whole.
Brian Brinker is an OpsLens Contributor and political consultant. Brinker has an M.A in Global Affairs from American University.
