C'mon, Democrats. Rethink This.
WASHINGTON-Wednesday was Day 3 in the moot democracy enterprise through which Neil Gorsuch likely will become the ninth member of the Supreme Court. It was the day for Other People to say what a great human being he is, and Other Other People to point out that many of his decisions indicate that he possibly might be a reptile in a human suit.
It's all mummery, of course. Gorsuch has the votes, on the committee and in the full Senate. He knows it, which is why he's not overly concerned by the fact that, the longer he spoke before the committee, the more incredibly arrogant and condescending he became-and never more so when, in discussing the dissent in which he said that a truck driver owed it to his employer to freeze to death by the side of the road, Gorsuch opined that the law is ill-suited to extend to, "ends as ephemeral and generic as 'health and safety.' After all, what under the sun, at least at some level of generality, doesn't relate to 'health and safety'?"
Oh, he's a cute one, there's no question about that. Nevertheless, the Democratic minority is getting bad advice from heaven and earth, and from inside and outside its own ranks. Apparently, there is some talk within the party to cut a "deal" by which the Democrats would let the Gorsuch nomination slide in exchange for a Republican pledge not to blow up the filibuster on future Supreme Court nominations. The bare bones of the deal appeared in Tiger Beat On The Potomac:
The deal Democrats would be most likely to pursue, the sources said, would be to allow confirmation of Gorsuch in exchange for a commitment from Republicans not to kill the filibuster for a subsequent vacancy during President Donald Trump's term. The next high court opening could alter the balance of the court, and some Democrats privately argue that fight will be far more consequential than the current one.
Naturally, the unicorn-hunters at Fred Hiatt's Home For Unemployed Speechwriters think this is an altogether splendid idea.
The resulting standoff could end in three ways. First, a cloture vote could attract sufficient Democratic votes to reach the 60-vote threshold to stop a filibuster, which is unlikely. Second, Mr. McConnell could move to eliminate the filibuster on Supreme Court nominees, which would be deeply unwise and injure both parties in the long term. Third, the parties could strike a deal that would preserve the filibuster for the minority party in the case of future nominees while providing for an up-or-down vote on Mr. Gorsuch's confirmation. That, not deepening the politicization of the judiciary, is the best path forward.
How does anyone possibly write this unless they've been in cold storage for at least a year and a half? Republican promises in this regard are more worthless now than they were during the halcyon days of the Gang of 14, one of those lost-to-history bipartisan puppet shows that improved nothing except Fred Hiatt's mood. To his credit, Senate Minority Leader Chuck Schumer seems immune to this impotent carping. In my vision of the dark side of Merrick Garland's mind, I still see dragons advancing implacably on Mitch McConnell's office.
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