Posted: 03/21/17 23:00
by Dave Mindeman
Judge Gorsuch will probably get confirmed. I'm not naive enough to think otherwise.
But one thing I do know...Gorsuch will forever have an asterisk by his name. Whenever he makes a decision that swings the court, there will be this lingering question - what if he hadn't stolen that seat?
In addition, we have this cloud that will hang over this. We have an illegitimate President nominating a judge to an illegitimate seat. It is always going to be that way. It will linger in the air. It will cause an eternity of speculation. It will taint his participation forever.
Judge Gorsuch is not a bad person. He is certainly a qualified judge. But he will never belong on the Supreme Court. Never. We will never be able to look past what the Republican Senate did to Merrick Garland. Never. Mitch McConnell, the traditionalist...the defender of Senate protocol...broke all the rules...all of them, to allow a Republican President to appoint a nominee for a seat that should have already been filled.
There is no defense of that. There is no justification for it. It is wrong and it will always be wrong.
That, most certainly, is not the fault of Neal Gorsuch. It does not reflect on his ability or his character. It is not about him.
It is all about the fairness of this particular situation. All about this particular moment in history. And the Republicans in the Senate failed that fairness test miserably. And they have forever established a cloud over any Supreme Court decision that includes Neil Gorsuch.
That is the crux of the matter and that is why Democrats should vote no on his confirmation. Not as a reflection on Gorsuch personally - but as a reflection on justice itself.