Well, the 60-vote standard is gone, Justice Gorsuch sits on the Court, and this and future Presidents should have a much easier time of getting their nominees confirmed, provided they have a majority of the Senate in their favor. That is what the Founding Fathers would have wanted.
By John Shaffer After a most contentious confirmation battle, President Trump’s nomination of Neil Gorsuch as Associate Justice was confirmed by the Senate by a 54-45 vote. Three Democrats (all up for re-election in 2018 from states that went heavily for Mr. Trump last November) joined 51 Republicans (one Republican was absent) in confirming Mr. Gorsuch to the court. This was one of the closest votes in recent history, and that in itself is noteworthy, considering Mr. Gorsuch’s stellar credentials, impeccable record and esteemed reputation. He should have been approved unanimously, as he was when he was appointed to the federal bench without dissent in 2006. But, Democrat Senators look to philosophy rather than credentials, and for the most part do not want conservatives on the highest court. Republicans don’t want progressives on the court, either, but there are always at least a few of them who will look solely at qualifications instead of philosophy and will vote to confirm the likes of Elena Kagan, Sonia Sotomayor and Ruth Bader Ginsberg (the three most liberal members of the Court). That is why Democrat appointees have almost never had trouble reaching the “60-vote threshold” that, under recent interpretation of Senate rules, was a “requirement.” Of course, the Constitution doesn't require 60 votes for Court confirmations. Strongly repulsed by the Senate Democrats’ opposition to Mr. Gorsuch, the Republicans, uncharacteristically united in the face of determined opposition, did not wither under pressure, and so voted to end the Senate practice demanding 60 votes, confirming Mr. Gorsuch on a bare majority. Some lament the loss of the 60-vote standard (which was used to keep only conservatives off the court), but under the Constitution, the majority rules. If it does not, it means the minority does. Yes, we should protect the rights of the minority, but they should not have veto power. That is why the Democrats’ claim is false that the seat occupied by Justice Gorsuch was “stolen” from President Obama’s appointee Merrick Garland. The Republicans had a majority of the Senate last year, and denied a vote to Mr. Garland – because it was an election year and they said that President Obama’s successor should make that appointment, This has been demanded by Democrats since the 1990s, who probably wanted it to apply only to Republican presidents.
Well, the 60-vote standard is gone, Justice Gorsuch sits on the Court, and this and future Presidents should have a much easier time of getting their nominees confirmed, provided they have a majority of the Senate in their favor. That is what the Founding Fathers would have wanted. Comments are closed.
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