On a party-line vote, the nomination of Judge Neil Gorsuch to the Supreme Court on Monday cleared the Senate Judiciary Committee. The 11-9 vote set the stage for the long-awaited Senate floor vote over Gorsuch.
Tuesday the vote should come on the Senate floor for the Supreme Court nominee, Neil Gorsuch. The Senate Minority Leader Chuck Schumer has threatened a ‘filibuster’ on the vote. Schumer’s rival, Senate Majority Leader Senator Mitch McConnell has basically said, go ahead, but Gorsuch will be the next Supreme Court justice with or without your vote.
According to The Daily Caller, the Kentucky Republican told reporters on Tuesday that Gorsuch would be confirmed on April 7, come h*ll, high water, or Democrat hijinks.
H/T Conservative Tribune:
“We’re going to get Judge Gorsuch confirmed,” McConnell said.
“There will be an opportunity for the Democrats to invoke cloture. We’ll see where that ends. The Democratic leader who will be out here shortly says that we will not get cloture, so that is a good question to ask him. But it’ll be really up to them how the process to confirm Judge Gorsuch goes forward.”
First, some definitions, as people often get these terms confused: A filibuster generally refers to extended debate that delays a vote on a pending matter, while cloture is a device to end debate. Filibusters are used by opponents of a nominee or legislation, while cloture is filed by supporters. Under current Senate rules, it takes 60 votes to end debate.
Not only has Senate Minority Leader Chuck Schumer said he would lead a filibuster against Gorsuch, but he’s also implied that no Supreme Court nominee who cannot win the 60 votes needed to end a filibuster should be able to sit on the court.
“If this nominee cannot meet the same standard that Republicans insisted upon for President Obama’s nominee, 60 votes in the Senate, then the problem lies not with the Senate but with the nominee,” the New York Democrat said on the Senate floor after Gorsuch’s nomination hearing had ended.
However, as National Review points out, six justices who have served on the court — including two currently on the bench — were confirmed with fewer than 60 votes in the Senate. Even the liberal Washington Post rated Schumer’s statement “two Pinocchios” on its “lying” scale.
It’s funny how the Democrats often use words that are quite misleading. For Democrats to say that 60 votes is the “standard” for the last Supreme Court justices is just not accurate.
According to the Washington Post, here are the votes for the last six nominees who were confirmed:
Elena Kagan: 63 to 37 (2010)
Sonia Sotomayor: 68 to 31 (2009)
Samuel A. Alito Jr.: 58 to 42 (2006)
John G. Roberts Jr.: 78 to 22 (2005)
Stephen G. Breyer: 87 to 9 (1994)
Ruth Bader Ginsburg: 96 to 3 (1993)
Did you NOTICE anything? How about the 60 vote “standard”? It looks to me, if you look at Samuel Alito (58) he would not have that standard. In fact in modern times, there have been a total of four cloture votes concerning Supreme Court nominations.
But the last Supreme Court nominee who faced a cloture vote was Samuel A. Alito Jr. in 2006. He won it handily, 72-25, although funny thing…can you guess who may have voted against Alito for Supreme Court Justice?
That would be Democrats like Schumer, Durbin, Hillary Clinton and Obama. Ironic isn’t it?
Three recent Democrats have stated they will vote for Gorsuch for SCOTUS and will NOT support a filibuster. Those Democrats are Indiana Sen. Joe Donnelly, North Dakota Heidi Heitkamp, and West Virginia Joe Machin. Probably wise, since they are ALL up for re-election AND Trump won those states. They must feel the breeze shifting directions.
Either way, it’s funny to see Democrats’ reactions when they are on the “losing” side.
As of Monday, it looks like Democrats will have at least 41 votes for the filibuster, but that still leaves the the so-called nuclear option which is expected by Friday. The real question: Are Democrats going to be that stupid?!
According to USA Today, the “nuclear option” is “a Senate rule that strips the minority party of the power to use a filibuster to block confirmation of a presidential nominee; instead of 60 votes, supporters need only 51 to confirm the nominee.”
The kicker is that a “nuclear option” had existed for quite some time, but it was former Senate Majority Leader Harry Reid, a Democrat, who first applied it in 2013 to prevent Republicans from blocking then-President Barack Obama’s judicial nominees.
Let’s be clear here. The Democrats and Reid changed the rules of the Senate and set the precedent for the “nuclear option”. Now that the Republicans have that same option, Democrats like Schumer don’t like it. In fact the Democrats now think the rules shouldn’t be changed at all.
Amazing isn’t it? Democrats can be so gullible. They just played right into the hands of the Republicans. Are Democrats really going to let the vote of Gorsuch come down to the Republicans using the “nuclear option”? Go ahead! Make my day!
As Mitch McConnell said, “We are going to get Judge Gorsuch confirmed,” but “How that happens is up to the Democrats.”
I don’t know about you, but I’m really looking forward to another conservative on the SCOTUS!