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3 Fatal Flaws in Schumer’s Argument Against Gorsuch

Schumer entirely ignores the nominee’s qualifications and his own party’s decision to “go nuclear” in 2013…

Schumer Leadership Election

Senate Minority Leader Chuck Schumer penned an op-ed in Politico on Tuesday that explains his thinking on President Trump’s Supreme Court nominee, Judge Neil Gorsuch.

As Ed Morrissey at Hot Air helpfully points out, Schumer’s argument falls short in three critical areas:

  1. Schumer skips over Democrats going nuclear in 2013

Not once mentioned in Schumer’s piece is the fact that Harry Reid (D-NV) in 2013 first invoked the so-called “nuclear option,” which took away Republicans’ ability to filibuster President Obama’s lower court appointments. That’s massively relevant considering Democrats (now in the minority) are bemoaning the idea of Republicans potentially doing the same for Gorsuch.

2. Tellingly, Gorsuch himself is barely mentioned in the piece

What do you do when you can’t go after the qualifications of the nominee? Ignore him! As Morrissey points out, Schumer does this for good reason:

That makes some sense, given that Senate Democrats confirmed him to the appellate court by acclamation over a decade ago. That includes every current member of Senate Democratic leadership, including Schumer himself.

3. Democrats risk further alienating themselves by rejecting Gorsuch

Finally Morrissey quotes a Yale law professor “who identifies with the Stephen Breyer/Elana Kagan wing of the Supreme Court” and says Gorsuch is as good as it’s going to get for Democrats:

But among judicial conservatives, Judge Gorsuch is as good as it possibly gets. I have known him personally for more than a decade, since he was an attorney in the Justice Department. He is a brilliant mind, but more important he is a kind, sensitive and caring human being. Judge Gorsuch tries very hard to get the law right. He is not an ideologue, not the kind to always rule in favor of businesses or against the government. Instead, he follows the law as best as he can wherever it might lead.

For a party who so clearly lost touch with working class Americans in 2016, rejecting Gorsuch seems like a perfect way to show they’ve learned absolutely nothing.