Judge Neil Gorsuch

“…Before even joining the bench, he advocated to make it easier for public companies to defraud investors. As a judge, he has twisted himself into a pretzel to make sure the rules favor giant companies over workers and individual Americans. He has sided with employers who deny wages, improperly fire workers, or retaliate against whistleblowers for misconduct. He has ruled against workers in all manner of discrimination cases. And he has demonstrated hostility toward women’s access to basic health care. …” – Senator Elizabeth Warren

REPUBLICANS will likely get their nominee confirmed, but Democrats should not help them.

Hearing Senate Majority Leader Mitch McConnell talk about partisanship on the Senate floor yesterday was rich coming from him.

See Jonathan Chait

Recent history shows how foolish the Democrats would be to submit to this threat without forcing the Republican majority to take action. In 2005, faced with Senate Democratic opposition to federal court nominees they deemed ideologically extreme, Republicans threatened to eliminate the filibuster for judicial nominations below the Supreme Court level. Democrats backed down in the face of that threat. In 2013, Republicans began wholesale blockade of federal court vacancies, irrespective of the candidates’ qualifications, insisting the seats in question should not be filled at all. Democrats, in response, eliminated the filibuster for judicial nominations below the Supreme Court level. Republicans decried this choice — even though they had threatened to do the same thing — and have since held it up as justification for a wide array of unpleasant behavior, including the unprecedented blockade of Merrick Garland.

Read David Leonhardt

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.

Democrats shouldn’t move a finger to help Judge Neil Gorsuch get confirmed for the Supreme Court.