Will Gorsuch Be Sacrificed to Partisan Politics?
Has 2,2,2 been turned into 6,6,6 for some time now? Has the constitution’s Article II, section 2, paragraph 2, which reads in part:
… and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States …
been reduced to a meaningless plea for civilized debate, long since ignored? Has Advice and Consent been reduced to Filibuster, Slander, and Block by any means possible?
If you're Senator Schumer, minority leader and senior Democrat on the Senate's Judiciary Committee, it's always been this way. John Rutledge, President Washington's recess appointment to the Supreme Court, had a stormy 6 months in which he virulently opposed the Jay Treaty with the United Kingdom, and whose formal nomination was subsequently blocked by the re-assembled Senate. After a rather nasty campaign against Rutledge by Federalists, apparently.
So is Senator Schumer right that the United States Senate should dispense with it's so-called hypocrisy over judicial appointments, and admit that it's always been a partisan process right to the bone?
Or put another way, what dangers lie in brushing aside formal concerns about the judicial qualifications of any given appointee and going straight into partisan battles?
It may be this: if Democrats succeed in filibustering, delaying, and perhaps blocking Judge Gorsuch's nomination, and if the 9th circuit and Hawaiian District Judges continue their aggressive judicial overreach, then the judiciary in America will become similar to partisan bureaucrats in a Latin American democracy. Where all that matters is who you know and whose party line you kowtow to. And with wholesale firings, and partisan stuffing accompanying any change of power.
For some voters - maybe even a majority of voters - we're already at that point, and there is no point pretending it's about any judge's ability as a skilled member of the judiciary. But if voters really believe this, where does that leave the constitution and the rule of law in America? Not to mention the independence of the judiciary.
Supreme Court appointments should be reviewed vigorously by the Senate, but any political differences should be stated clearly and simply. And then the duly elected administration should have at least some credit given it, to try and appointment judges it sees fit, both for judicial skill, and for their political outlook.
Is that sort of a compromise possible on the Senate floor? Not with Schumer leading the charge from across the aisle.
Posted by AllardK at March 17, 2017 6:24 PM
What the fuck???
AllardK, were you been living under a rock during the 293 days in which Merrick Garland was the President’s nominee to succeed Scalia?
What an offensive opening!!
Schumer has certainly shown his quacky way of operating his “leadership” position. He along with other senators behave like they would nominate the N. Korean head of state as their new leader. That kid from NK and Schumer behave the same way. Schumer has so much experience looking down at the American public that his glasses are permanently mounted at the end of his nose.
As for your opening, your choice of language shows your inability to converse in a civil way. I don’t want an apology from you because it would mean nothing from the heart. As a man thinks so he speaks. You are pathetic and than comes from the heart.
I use profanity judiciously. This article merits it.
Conservative brought this upon themselves when they refused to perform their constitutional duty, and let the Senate provide advice and consent. The Democrats will at least do their constitutional duty. And they will then filibuster the nominee. Trump can always nominate a moderate.
Conservatives denounced Obama for using an EO on immigration. Obama was called tyrannical, dictatorial, you name it. They went through a conservative appeals court and then a 4-4 Supreme Court allowed the appeals ruling to stand.
Now they are upset at the prospect of liberals doing the same thing, and with an incredibly divisive president in office, the prospects do not look good. Trump is a freakin’ nightmare- rude, incompetent, impulsive, and utterly unfit for office.
What we know is there is no time frame to replace a judge. One can only hope Schumer can delay for the next 4 years to keep Gorsuch off the SCOTUS. To have such another radical far right extremist in power in all 3 branches of government is a coup we don’t need in this country.
Warren your response to AllardK “the world just started today” babble is entirely appropriate. The denial of reality shown in this article reaps what is sows and a WTF is exactly what is sowed. Tom can p**s up a rope with his attacking the messenger response to this completely appropriate question to anyone that would question Schumner and the dems on this issue.
I remember when I personally said Republicans should hold out for a judge like A. Scalia and should keep Obama from getting his 3rd appointment to the Supreme Court. The response I got from the left here on WatchBlog that they were defying the constitution and Obama should have his choice and it should come up for a vote.
Now phx8 demands Trump withdraw his nomination and replace it with a moderate or the crybabies are going to filibuster anything less.
What blatant hypocrisy! Can’t you guys see the writing on the wall? You lost! Elections have consequences! Remember hearing that before, phx8? Crying isn’t a good way to govern.
The little babies are also talking about shutting down the government if they don’t get their way. What happened to all the hand wringing about taking the food out of the mouths of babies and old people? The left has such short, selective memories. They remember when it’s convenient for them and forget when it’s convenient for them.
When are you guys going to start blaming your imaginary friend for your problems?
Elections do have consequences. In big wins, like 2008 when Obama won with over 50% of the vote and a supermajority in the Senate (for only 9 months), it means the governing party has a mandate to act. In narrow wins, like 2016, the governing party lost the popular vote for the presidency by 3 million votes. In the House, only 49% of Americans voted for Republicans, and in the Senate, only 42%. The party that won in 2016 did NOT have a mandate. So now they have a choice on how the use their election win.
Since it was narrow, it would make sense to seek cooperation from the opposition to get things done. However, the GOP and Trump have decided to pursue an extreme far right agenda, and it is going very, very poorly.
The Republican Senate made a BIG mistake by not giving Garland a hearing. They made a bad choice. That bad choice has consequences. The GOP could put a moderate onto the Court. Of course, Gorsuch could surprise us all in his hearing tomorrow. Maybe.
Meanwhile, the AHCA is like the proverbial flaming bag left on the GOP’s doorstep.
Congress and the Intelligence Community will humiliate Trump over his continued lies. Trump just keeps making it worse. He asked Congress to investigate, and now he is going to get his wish. This is what comes of believing some crackpot judge on FOX, and Breitbart articles about Mark Levin and wiretapping.
And the really awful thing about all of this is that the wounds are completely and totally self-inflicted, both by Trump and the GOP. Every time they open the door and see a flaming bag, they step on it. It is funny and it is awful and now conservatives smell really bad to the entire world.
Your first paragraph is irrelevant. Trump is the president. All your drama about how Obama was treated pales to the whining and crying your side is doing now.
It wasn’t narrow, phx8, and it doesn’t give your side a license to stand in the way of every aspect of Trump’s administration. Your side is the party of obstruction. Republicans never chastised the Democratic party for obstruction and got away with it like the Democratic party always did.
Your party’s true colors are coming out, phx8. You’re a party of liars, hypocrites, and power mongers. Never has it been as obvious as in the last 2 years.
Your first paragraph is irrelevant.
Another proof by assertion?
Get back to me when Donald Trump wins 350+ electoral votes and Republicans control a Senate supermajority. Then we can talk consequences.
Just keep thinking you’re morally superior and we’ll have that opportunity.
“It wasn’t narrow, phx8, and it doesn’t give your side a license to stand in the way of every aspect of Trump’s administration.”
The president lost the popular vote by 3 million votes. The margin in the electoral college was just 70,000 votes spread over three states. So yeah. It was narrow. It doesn’t get any narrower than that.
Now Trump is president. And yes, if Trump pursues an agenda out of the mainstream, then it does give Democrats license to stand in the way.
Trump can issue EO’s, of course. It has been virtually the only thing he has done so far- EO’s doing away with financial transparency for Big Oil, so they can go back to bribing abroad with impunity; doing away with regulations preventing coal companies from polluting streams; and failed EO’s for immigration.
Wow. I just did a search on all the EO’s Trump has done so far. He hasn’t accomplished squat.
Do you know how a hub-and-spoke management style works? It is what Trump uses. He is failing badly because it is a bad management style for a President. He lacks the ability to focus and assimilate details, and he can not put the right people in the right positions. The Executive Branch still has 2,000 job openings, and THAT IS NO ONE’S FAULT BUT TRUMP. It has nothing to do with Congress or Democrats. He is an incompetent buffoon.
You’re wrong on so many levels, phx8. First, Obama steamrolled the “transformation of America” through without any support from Republicans. How out of the mainstream was that? You didn’t seem to mind then.
Democratics are standing in the way of Trump putting people in place to run his administration. They’re actually bragging about it. Don’t lie to me when you say it has nothing to do with Democratics. They are screaming like petulant children.
Now he has to deal with judges who think they own this country and Trump’s administration. Nothing in the constitution gives Muslims the ability to dictate immigration policy to the president.
The response I got from the left here on WatchBlog that they were defying the constitution and Obama should have his choice and it should come up for a vote.
Weary, yes we did but it didn’t come up for a vote did it. Instead we were told there is no time limits in the Constitution by you and your ilk here on WB. So before you bring out your hypocrisy line remember there are three fingers pointing back at you.
The Democratics aren’t in power. There’s the difference.
“… Obama steamrolled the “transformation of America” through without any support from Republicans. How out of the mainstream was that?”
What are you talking about?
His greatest accomplishment was saving the economy. It is very hard to discuss that because Trump supporters used to believe the economy was a mess and unemployment was sky high. However, the most recent non-farm payroll employment number for February for the past three years has been between 235,000 and 237,000. Now the numbers are being celebrated by Trump supporters. According to Trump, the numbers were fake then, but real now.
So, WW, was it all a lie? Did Obama actually do a great job with the economy? Or is Trump lying now, and the economy is actually still a mess?
“Democratics are standing in the way of Trump putting people in place to run his administration.”
No. Trump has seen every one of his nominees approved, except for the Labor Secretary, and no one from either side was going to approve of that guy. It is not the fault of Democrats that Flynn resigned, and the next two candidates refused to serve in a Trump administration. It is not the fault of Democrats that DeVos and that Labor Secretary were so slow in turning in their ethics paperwork. (That was mostly a function of the paperwork being complicated because they were billionaires). It is not the fault of Democrats that the Army and Navy Secretary nominees withdrew. And it is not the fault of Democrats that 2,000 appointments in the Executive Branch remain unfilled.
That is caused by the combination of incompetence, failure to vet, and a president who is morally reprehensible to many other candidates.
President Trump is the first president elected since Dwight Eisenhower to have never held prior political office. He has stepped into a new job and new career. Learning the job and learning the ways of politics while performing both is a daunting task.
Politicians on both sides are rankled by Trump being elected to the highest office in the land and proving that political experience mattered for little.
It is not unexpected that a new CEO will make mistakes. It is not unexpected that someone new to politics will make mistakes.
I see much that President Trump is doing right and successfully. And, this limited success, so early in his administration, is pissing people off as they want badly for him to fail. He beat out some powerful Republican politicians for the nomination and beat the Democrat next-in-line-deserving-liberal Mrs. Clinton.
Our national security apparatus has failed numerous times recently to provide adequate warning of danger around the globe. Our State department has failed in promoting American interests as well. Both failures have given us serious challenges to our national security.
On the home front, the economy has been limping along at barely 2% growth in GDP. Jobs have improved but mostly low paying and part-time work that don’t contribute much to GDP.
The growing chasm between work and welfare is tearing at our social fabric. The tension between citizen and illegal immigrant is becoming more pronounced.
All of the problems that the Obama administration either ignored or expanded remain for the new president to address and fix.
It will take President Trump at least two years to hit his stride. I don’t expect miracles. I believe we have the right leader at the right time.
We, all of us together, will make America great again.
Trump approval rating: 37%
Obama’s lowest approval rating over eight years: 40%
Low approval rating and he is still president phx8.
Let’s take a look in two years.
Democratics go out of their way to compare Obama’s performance to post-2008 statistics. 1.5% growth is an accomplishment compared of a 4-5% growth in the Bush years so often criticized as a failing economy.
Shit like that is why I can’t believe Democratics any longer. Anything they say is a lie, misconstrued to make Democratics sound like they’re accomplishing something when they’re actually coasting off of self-imposed mediocrity.
Bush and the GOP cut taxes, boosted the growth rate, which in turn boosted inflation, saw interest rates climb, and then the economy crash.
Slow and steady is better than boom and bust.
The economy has just gone through the longest period in US history of consecutive months adding jobs to the private sector. This is one of the longest periods of growth without recession in US history. Interest rates are low, inflation is low…
And you want to change that?
We must not repeat the crash of 2008. Here’s something to ponder- if Trump and the GOP put the pedal to the medal for a boom and bust, the debt will approach unsustainable numbers. There is absolutely no reason to take this risk. It would be madness.
I think it’s more like, “Don’t let a crisis go to waste.”
In the case of the economy Democratics are saying, “Don’t let a crisis go.”
They need people to feel like they’re in trouble so they can pass their power grabbing legislation and regulations. They would have no reason to “transform America” if they were in a thriving economy. A thriving economy would have been the death knell for Obamacare. It would never have got off the ground.
Without any doubt, the District Judges are continuing, even ramping up, their aggressive judicial overreach. It is despicable.
It is the job of Democratic reps like Schumer to represent those who voted them into their positions, so it should be expected that they will filibuster, delay, and try to block what their constituents want them to.
It is up to their voters to decide if they are doing a good job or not.