Re: Neil Gorsuch nominated for SC
Hey man, I hate the offseason.
A couple of points:
1. A lot of the consternation on the left is borne of the Republicans jackass move with Garland. No matter what they said, no matter how they dressed it up, they simply refused to do their job.
Yes and no. For starters....Democrats whining about someone not taking action on something is hilarious in light of how many years this country operated without an official budget because Harry Reid and his truckling sycophants refused to pass one. You know - actually get on the record what you're for and against.
But the other thing is this: while I can sit here and basically agree with what you're saying in principle everyone knows deep down that if President McCain was finishing his eighth year and the Democrats had both houses of Congress that this EXACT SAME THING would have happened. In other words, they don't really care about anything - except the fact they lost. And what makes this sort of strange is the fact the Democrats thought they had the Presidency in the bag and
on Election Day the NYT declared they had a 52% chance of winning the Senate.
They really, truly thought that the White House (at a minimum) was in the bag, and they no doubt thought their odds were higher than average they'd take the Senate. Btw - I thought the same thing, but I'm not the one who now is complaining when we all know they'd have done the same thing.
We both agree it was a strident jackass move - but it would have been the same if the opposite situation presented itself so nobody in DC really cares. And in all honesty - how many people even know the President makes these appointments? I realize we do but most folks don't even know the name of their Senator.
The democrats are wrestling with the impulse to be just as intransigent. It's not a good idea, not just because they don't have the numbers to mount an effective resistance, but because they need to demonstrate that they can be the adults in the room. At the same time, during the confirmation process they should remind people of Garland.
While 'Remember Merrick' won't resonate, they are literally showing they can be just as childish as Trump. We had a bunch of them skip the inauguration and make sure the whole world knew about it and then they boycott hearings. The GOP minority that was much smaller in 2009 wasn't even this arrogant. Yeah, there was that idiot Republican who shouted "you lie" at Obama - which was accurate but also stupid and disrespectful.
But trying to act like you're Trump when you're NOT Trump is insanely stupid. Marco Rubio learned this the hard way and you'd think up to a point so did HRC.
2. The Democrats need to pick and choose their fights very carefully. They can (rightfully) attack McConnell's refusal to allow additional time to investigate various eleventh hour irregularities that have emerged with various candidates, and they should certainly oppose those candidates with, shall we say, marginal qualifications for the position.
3. Gorsuch is a good candidate. He's cut from the same originalist cloth as Scalia, so it's not going to screw up the balance of the court.
We basically agree on the rest of this.
But here's the thing and where it gets interesting: Democrats have cried about every single Republican nominee to the Supreme Court since Reagan wanted Rhenquist as the Chief. And it's just like their tendency to literally see 'racism' behind every election loss. They have now 'cried wolf' so many times that nobody believes them even when they can present real cases of racism or concerns for a judge. They cried about Bork, Douglas Ginsburg (who, ironically, was blown up by the right), Kennedy, Souter, Thomas, and Alito. OK, not a lot of screaming about Roberts - and to be fair, the right destroyed Miers but the left was only upset because they'd like to have a chance to do it.
(Side note: one of my classmates that fall at Dallas Seminary was a tax attorney - I think that was his specialty - who clerked for Roberts and knew Harriet Miers, too. When Roberts was nominated for the seat that O'Connor was leaving, this guy told us that Roberts had a brilliant mind and the potential to go down as one of the giants of the judiciary. He was very excited when Roberts was moved into the CJ spot upon Rhenquist's death. I figured he was just blowing smoke - we all know someone who's great. But when Bush chose Miers, he said she was a walking disaster, a politician, and her only selling point to conservatives was that she was staunchly anti-abortion - he flat did not like her and predicted the right would destroy her before the left got the chance. Needless to say, I never questioned his knowledge again on that subject).
And in what must be the most delicious irony...if they'd only put Bork on the Court in 1987 then PROBABLY today they have a strong liberal in his seat (as opposed to the moderate conservative Kennedy) and the balance is different. Granted - there's no way to know that for sure - but would he have tried to leave the Court in 2006 when he would have been 79? If not then we probably would have endured what we are now. And there simply would not have been an overly substantial difference in where he ruled and where Kennedy ruled. If Obama had replaced him then it's an entirely different world.
That's not to let the Republicans off the hook, however - I thought the one adult in the whole thing was Obama offering up Sandoval early, a sort of moderate conservative who was pro-choice.....and he got attacked by both sides, the left who figured they should get a nominee they well knew the Senate would vote down and the right who had a "how dare you" audacity.
Gorusch is not a fight worth having, and in all sincerity neither is the Cabinet. It's the next one - esp if it's Ruth Ginsburg - they're going to have to arm for but guess what? If it happens in the next year or so, expect the political equivalent of a nuclear war.
The thing is - while a lot of us here no doubt care, the average person doesn't even take this into consideration. That's part of why the GOP knew they'd get away with it.