Senate Republicans, as we recall, held up, or actually prevented, the vote on Barack Obama's final Supreme Court nominee.
Now some Democrats are taking a similar position in regards to Trumps nominees of all types, and at least the New York Times has declared war on Trump's nomination of Justice Gorsuch. Consider their editorial of February 1:
So what can Democrats do?
First, they need to make sure that the stolen Supreme Court seat remains at the top of the public’s consciousness. When people hear the name “Neil Gorsuch,” as qualified as he may be, they should associate him with a constitutionally damaging power grab.
Second, Democrats should not weigh this nomination the same way that they’ve weighed previous ones. This one is different. The presumption should be that Gorsuch does not deserve confirmation, because the process that led to his nomination was illegitimate.
So is that the approach the Democrats should take?
Only if they're as dense as a box of rocks.
But, so far, the Democratic leadership has been showing itself to be rather granitic in outlook.
Gorsuch isn't what many feared. Hes a solid textualist and quite frankly an excellent nominee. Fans of democracy, which Democrats and Liberals generally, frankly, are not (they prefer a Liberal, Imperial, Court), should rejoice. Gorsuch himself notes that a good Justice should never like all of his own opinions. Basically, his view is that the law is to be applied as written, and if people don't like the law, they ought to get in touch with their representatives and change it.
You'd think people in favor of the franchise would think, yeah!, nifty!
Well, the Democrats don't think that, as truth be known, they don't really trust voters to "do the right thing" as they see it. No, they trust the courts to tell people what they ought to think and make it the law. Right now, they truly believed they were on the verge of an extreme liberal revolution in which the Court would hold there are no genders of any kind, there are no borders, etc., and we were on our way to a genderless, self defined society.
Well, we aren't.
And that's what they think was "stolen" from them.
And now the plan, at least on some nominations, is to sit around and do nothing.
Which was the Soviet Union's plan when the United Nations met to consider the North Korean invasion of South Korea in 1950.
The USSR had a Security Council veto. But it walked out of the UN in protest of action being considered and more particularly as Red China was not admitted, at that time, to the UN. And, accordingly, the UN adopted a resolution to enter the war on South Korea's side, the one and only time that's ever been done by the UN.
The USSR could have stopped that, by showing up. It didn't, as having a snit seemed like the thing to do over its view about Chinese admission.
Which is what the Democrats are now doing.
If they don't act, as a minority, the result will be. . . .well the result will be that the Republican Senate will give Trump everything he asks for without any Democratic input.
The Republican, or at least Trumpist, dream.
Why would they do that?
Well, why would they pit two elderly white candidates against each other, one of whom was detested on a wide scale, insult Catholics and Jews, and all that?
Should they make sure that the "stolen" seat remains in the public consciousness? They should, by showing up. But they also ought to keep in mind that the public isn't that impressed by the Court. Generally, the public thinks it knows best and the Court doesn't. The public also thinks that a collection of elderly jurists is unlikely to know what people under, oh, . . .let's say 60, think about what they want to the country to look like. In other words, most people don't think Justice Kennedy is a cool hipster. Maybe they think that about Ruth Bader Ginsberg. . . .
So, in a fight over Gorsuch, what the Times implicitly suggests, is that the public ought to be reminded of all the decisions that have taken votes away from legislatures in the name of redefining society. And that will appeal to the Times' readers, as they fear the American electorate.
But maybe the Democrats ought to consider that it really isn't 1973 anymore. And maybe they ought to get outside a bit, if only to the zoo or park, where nature is.
The anti democratic court was likely the deciding factor in the 2016 Presidential election. The Democrats don't seem to realize that. For the first time since the late 1960s, really, Catholics voted somewhat as a block. Hispanics, most of whom are culturally Catholic, defected from the Democrats in surprising numbers. 45% of women, including vast numbers of young women for whom 1973 doesn't stand out to their demographic any longer like 1776, 1793 or 1917 does to some demographics, did so in larger numbers. The anti democratic Supreme Court was responsible for a lot of that, and those voters, who want to keep a say and who have a more realistic view of life and nature than the Court, and the Democratic Party, acted accordingly.
The Democrats pointing that out is a good idea. . . . for the Republicans.