By Professor Christopher Schmidt
Judge Neil Gorsuch is headed toward Senate confirmation. Ever since the President made the nomination, it has been hard to imagine another outcome. Short of some scandalous skeletons emerging from Judge Gorsuch’s closet—a closet that, by all accounts, appears safely devoid of anything of much interest—this is a loss Democrats expected. The Republicans have the votes to put Gorsuch on the Court (although they may need to invoke the “nuclear option” and eliminate the filibuster to do so). Gorsuch’s strong performance in the hearings only gave them more reasons to support him.
Knowing this was a loss they were going to have to absorb, Democrats still hoped to at least score some political points during the hearings. It was a highly visible opportunity to advance their concerns with the politics surrounding the nomination process and the nominee’s conservative jurisprudence. Yet here too, I think the Democratic efforts should be judged a loss. They were unable to take advantage of the hearings to advance their agenda in any meaningful way.
Continue reading “Why the Democrats Lost the Gorsuch Hearings”