Sounds like we’ll find out whether McConnell has to go to the nuclear option to get Gorsuch confirmed by Thursday. I think from a strategic perspective, Schumer would be making an awful mistake to force a nuclear strike over Gorsuch. It makes a lot more sense for the Dems to save that fire when the time comes to fight for one ofÂ their seats. Rumor has it that Kennedy might retire this summer, which would be more consequential than replacing Scalia with Gorsuch. This really doesn’t change anything on the Court.
Chuck Schumer is a lot of things, but stupid isn’t one of them. He’s probably one of the most coy politicians I can think of. If he’s not intent on blowing up his munitions stockpile to appease the angry base, he’ll arrange things so that enough red state Democrats and a few non-vulnerable blue ones vote for cloture to let Gorsuch eke by.
But imagine that Trump picks someone else. We can skip past the nominations of Judge Judy, Pirro, Dredd and Reinhold, but letâ€™s assume Andrew Napolitano is right when he boasts that Trump is considering nominating him for the Supreme Court. Or Trump nominates his sister, or he nominates any figure who leaves conservative legal minds unnerved from a thin record or other flaws.
In other words, imagine Trump nominating his own version of Harriet Miers.
In that scenario, not only would Democrats be likely to have the votes to filibuster the nominee, but they might have some Republicans willing to join as well. Mitch McConnell and other Senate Republicans will nuke the filibuster without a second thought when itâ€™s being used to block a sterling judge like Gorsuch.
That’s another good reason. Don’t believe it couldn’t get far worse.