Thanks to a last-minute decision by Sen. Mark Warner, Democrats now have enough votes to filibuster Judge Neil Gorsuch’s nomination to the Supreme Court, but if they do, they may only be hurting themselves.
When we say the ball is now rolling for Supreme Court Justice Gary Busey, we mean it.
Monday, the Senate Judiciary Committee passed Gorsuch’s nomination onto the full Senate, voting along party lines to approve his selection. A final vote on Gorsuch’s appointment will likely come towards the end of the week.
Democrats, already planning on filibustering Gorsuch’s nomination in the general vote as punishment for Republicans “stealing” a seat they claimed belonged to Obama SCOTUS nominee Merrick Garland, were having a difficult time coming up with the 41 legislators necessary to keep their dream alive.
But just as Gorsuch appeared headed to the floor, Sen. Chris Coons (D-DE) suddenly went from “undecided” on the topic of a filibuster, to “in favor,” giving Democrats the so-called “magic number.”
The move could have dire consequences. Thanks to a previous decision by Harry Reid, opening up the “nuclear option” on judicial nominees, Republican leadership can end the filibuster, confirm Gorsuch, and then set the stage for future Trump SCOTUS nominees who won’t have to contend with Democratic opposition.
Like Gary Busey. Or Judge Judy. Or any number of inanimate objects Donald Trump personally believes make good decisions.
The “nuclear option” was a dramatic Senate rule change that gave Reid the power to override a Senate filibuster with a simple majority of 51 votes (you’d normally need 60). At the time, Reid was using it to break a logjam of Executive branch appointees and, although it wasn’t clear the rule did not apply to Supreme Court nominees, Reid pledged that he would not use it to push someone through to SCOTUS.
Chuck Schumer, who supported the measure when Reid invoked it in 2013, is now less than enthusiastic about the decision, because Republicans say they won’t live by Reid’s self-imposed rules. And once the nuclear option is on the table, Schumer and Democratic leadership will have a hard time threatening another filibuster, leaving Trump to nominate whomever he sees fit to replace any number of aging justices, who could leave a Court vacancy.
Hence, Supreme Court Justice Gary Busey. Or better yet, Supreme Court Justice Ivanka Trump. Or perhaps even worse for Democrats, Supreme Court Justice Ted Cruz. And they may have only themselves to blame.
Sources close to the GOP say that Republican leadership will meet Monday night to discuss the issue and prepare for Gorsuch’s full Senate hearing.