One way or the other, Neil Gorsuch will be the next Supreme Court justice. If the Democrats try to filibuster, Mitch McConnell will, with “deep sadness at this unprecedented assault on Presidential prerogative”, get rid of the filibuster. Or, knowing this, and knowing that Gorsuch is generally popular, will keep their powder dry, and maybe have some protest votes against him, but will largely let him pass through.
But they shouldn’t. The answer to Gorsuch should be the what Michael Corleone offered to Senator Geary: nothing. Gorsuch should not get one single Democratic vote.
This is partly a matter of politics (we have to fight everything about Trumpism to make sure that none of this is normalized and to get out the vote in midterms and local elections), but also, mostly, principle. It’s not just that this seat belongs to Merrick Garland. It’s that, in denying President Obama his right to nominate a Supreme Court justice, the Republican overturned the 2012 election.
There’s no other word for it: they nullified the election, trampled on the will of voters in the biggest display of contempt for the union since Wallace, or possibly the Civil War. In 2012, by a wide margin, voters elected Barack Obama to a four-year term. Everyone votes knowing that there is always the chance of a Supreme Court seat opening up. Mitch McConnell saw that he had a chance to overthrow the election and literally reduce Obama’s term to three years, and he took it. This wasn’t legally treason, but it was a moral assault on our democracy.
And they won, thanks to the slave-state empowerment of the Electoral College. And now they get to put on an extremely, overwhelmingly conservative justice, against the will of the majority of voters in two straight elections. And they will do so, and the nation will suffer.
Over at Slate, the incomparable Dahlia Lithwick talks about teeth-breaking GOP hypocrisy during the hearings, insulted as they are that anyone would even question Gorsuch. (“GOP Sen. Orrin Hatch lectured the Judiciary Committee about the fact that the Senate ‘owes the president deference over his judicial nominees.’ Hearing this, Democratic Sen. Patrick Leahy of Vermont about fell out of his chair.”)
We have to expect their cynicism. We have to be willing to stand up to their calculated outrage (which probably isn’t “phony”, per se; cognitive dissonance rules all). We have to let our Senators know that they aren’t in a hearing for Gorsuch, as we normally understand it. They are in a hearing for Merrick Garland’s seat, which was stolen through a subversion of democracy.
So call your Senator. Tell them you support them voting NO on Gorsuch, and not because of any reprehensible position of the other. That’s important, but in a way incidental, because a right-wing Scalia-y Justice is the outcome of the crime, not the crime itself. Give our Senators the strength and backing to protest this outrage against our very democracy.
A hard right court can destroy environmental pushback, end labor, and annihilate civil rights. Our country will be changed in ways it is hard to imagine. But it already has: the idea of a Presidential term was suddenly subject to a political gamble. That hits at the basis of our country. Tell your Senator to fight back against it. We might not win, but it’s how the fight can start.
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