[Net-Gold] Why Neil Gorsuch’s Supreme Court Tenure Will Be Tainted Off the Bat

 

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Why Neil Gorsuch’s Supreme Court Tenure Will Be Tainted Off the Bat

His path to the Court is riddled with historically and constitutionally exceptional circumstances

By David S. Cohen

April 4, 2017

Rolling Stone

http://www.rollingstone.com/politics/features/ why-gorsuchs-scotus-tenure-would-be-tainted-off-the-bat-w474921

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A shorter URL for the above link:

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http://tinyurl.com/l2rpf5g

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It now appears that in order for Gorsuch to be confirmed to the Court, Senate Republicans are going to have to destroy Senate rules  after having already departed from time-honored constitutional practice to even get us to the point of considering Gorsuch.

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Here are the asterisks that could follow Gorsuch throughout his Supreme Court tenure:

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* The first is for the Republicans’ crime of grand theft judiciary last year. When President Obama nominated Merrick Garland, a respected moderate judge, to the Supreme Court, the Republicans took the unprecedented path of refusing to even have a hearing for him. They said it wouldn’t be right to consider a new justice during an election year  a “rule” that had no basis in either history or constitutional design, and one that Mitch McConnell practically admitted last weekend was a smokescreen.

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** The second is for the Republicans continuing with the Gorsuch nomination despite the fact that the campaign of the president who nominated him is under investigation for possibly the most harrowing political crime in United States history: colluding with a foreign government to steal the 2016 election. This investigation is ongoing and seems to get more serious by the day, and yet the Republicans are moving forward with Trump’s lifetime appointment anyway.

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*** Gorsuch would get a third asterisk for likely being the first Supreme Court nominee to be filibustered by the minority party. As of now, there appear to be at least 41 Democratic Senators who support a filibuster of Gorsuch and will vote against cloture, the Senate procedure used to end a filibuster. If that happens, under current rules, the Senate would not be able to vote on Gorsuch  and the president would be forced to choose between waiting for the Democrats to give in or nominating someone else for the position.

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**** The fourth asterisk is for what might happen next. If the Democrats successfully filibuster Gorsuch, McConnell and his party have one trick up their sleeve: They can vote to change the Senate rules. Called the “nuclear option,” this maneuver would obliterate the Senate tradition of respecting the minority party. Republicans can get rid of the filibuster with a bare majority (50 votes plus a tiebreak from Vice President Pence). There is very loud talk from Republican Senators that they will take this path if the Democrats do indeed follow through with their filibuster. If they go down this path, the Republicans would be changing the Senate forever.

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The complete article may be read at the URL above.

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Sincerely,
David Dillard
Temple University
(215) 204 – 4584
jwne@temple.edu
http://workface.com/e/daviddillard

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[Net-Gold] Why Neil Gorsuch’s Supreme Court Tenure Will Be Tainted Off the Bat

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