Opposing a Corrupt Transaction
by Josh Marshall // Talking Points Memo
***If Gorsuch will be confirmed one way or another, why go through the nuclear option motions? I would say it's important for this reason. I've heard a number of pundits arguing that the real issue here, or much of the issue, is that Democrats still haven't gotten over the treatment of Judge Garland. That argument is both deeply flawed and entirely correct. This really is mainly about Judge Garland.
As Rep. Adam Schiff put it yesterday on Twitter, Mitch McConnell's historically unprecedented and constitutionally illegitimate decision to block President Obama from nominating anyone a year before he left office was the real nuclear option. The rest is simply fallout. Senate Republicans had the power to do this. But that doesn't make it legitimate. The seat was stolen. Therefore Gorsuch's nomination is itself illegitimate since it is the fruit of the poisoned tree.
Democrats likely have no power to finally prevent this corrupt transaction. It is nonetheless important that they not partake in the corruption. Treating this as a normal nomination would do just that. There are now various good arguments to vote against Gorsuch's nomination on the merits. But to me that's not even the point. Democrats should filibuster the nomination because it is not a legitimate nomination. Filibustering the nomination is the right course of action. If Republicans react by abolishing the Supreme Court filibuster, so be it. It didn't really exist anyway. Again, they should filibuster this nomination because it is the right thing to do.
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