I strongly opposed the decision of the Democratic leaders of the U.S. Senate - when the Democrats controlled the Senate - to trigger the so-called nuclear option in regard to all federal judicial nominations except for the Supreme Court. I said taking that approach was short-sighted. The day would come when the GOP would control the Senate and the Democrats prepared the foundation upon which the Republican leadership could justify taking the final step and trigger the nuclear option as to Supreme Court nominees.
The nuclear option does away with the need for cloture in the Senate. It does away with the need for 60 votes to advance a nomination to a final majority vote.
I remember being viciously attacked by some Democrats, whose commentary included the GOP would not control the White House or the U.S. Senate any time soon -- and a multitude of personal insults.
Well ... Neil Gorsuch will be the next Associate Justice of the U.S. Supreme Court. If 60 votes cannot be mustered to bypass a filibuster, the nuclear option will occur. And, the Democratic Party leadership must accept its share of responsibility for setting the stage for its use in the coming week.
It is possible that the nuclear option will not be necessary. 10 incumbent Democrats in the U.S. Senate up for reelection in 2018 are in states that President Trump won and will likely face tough reelection campaigns.
I get it ... the next thing some folks will say ... "But, Mike (or insert pejorative term here) ... Trump is so unpopular." And I will say ... "Well, I suppose so ... in national polls."
But, when we dig down, we find that there are a notable number of Congressional districts in states in which these 10 Democratic Senators serve in which President Trump has approval ratings of over 75% ... today. In other words, some of these Democratic Senators vote against the Gorsuch nomination at their own reelection peril. And some Democrats will vote in favor of the nominee.
Judge Neil Gorsuch
