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February 08, 2017
Democrat Senator Jeanne Shaheen: Everyone I Know Wants to Give Gorsuch and Up-or-Down Vote
This is big, not just because Shaheen is telegraphing that she doesn't want to filibuster Gorsuch, but because she's telegraphing that many senators she knows also (secretly, probably) want to avoid the filibuster as well.
SEN. SHAHEEN: Mr. President, I just wanted to take a minute -- I know we have several people waiting to speak -- but I wanted to respond to my colleague from South Dakota because I think for Senator Thune to come to the floor and castigate Democrats for holding up Judge Gorsuch, who has just been nominated, and for suggesting we're going to filibuster, the fact is, throughout most of last year we saw the Republican Majority in this body hold up the nominee of Merrick Garland, President Obama's nominee. For the first time in history this body refused to hold a hearing on a nominee for the Supreme Court, refused to give an up-or-down vote. And, to suggest that we should not get a fair hearing on the nominee to the Supreme Court, Judge Gorsuch, I think is just not something that's going to be good for the American people. Unlike the Republican Majority, I haven't heard any Democrats saying we don�t think that Judge Gorsuch should get a hearing or that he should get an up-or-down vote. Everybody I've talked to agrees he should a hearing and an up-or-down vote.
It's possible they're holding their filibuster powder dry for the next Trump nominee. Gorsuch, a Scalia-like judge, is nominated to replace Antonin Scalia, who many would argue is the most Scalia-like judge in history. Thus, this nomination just keeps the status quo intact.
The replacement of the moderate/liberal/libertarian Anthony Kennedy for a genuine conservative would be a game-changer, as would the replacement of the 83-year-old Ruth Bader Ginsburg.
That might be when the Democrats resort to their own nuclear options. I don't know if the Democrats can avoid votes like the Wisconsin state Democrats did -- fleeing the capital -- but I'm sure the Democrats are looking into that sort of thing for the next nomination.
Obama claimed he didn't speak about Trump's Muslim ban. Actually, he did; he just avoided saying the word "Trump" because he wants the media to say "For the first time, former President Obama has criticized Trump by name" when he decides it's in his Branding and Public Relations interest to do so.
I think he may be holding up his official First Trump Criticism for the next Supreme Court pick.
As to Shaheen: it's also possible -- likely, even -- that she's simply lying, claiming the Democrats are open-minded and have no current plans to filibuster Gorsuch. They'll go into the hearings on a Listening Tour, you see.
Then -- get this! -- they'll learn something so terrible about Gorsuch that they're now duty bound to filibuster him to save the Constitution itself.
Whatever he says, they'll find something to claim constituted the ultimate dealbreaker.
So this could just be some bullshit to lay the groundwork for the I Was Ready To Give Him an Up or Down Vote But Then I Heard His "Disturbing" Take on the 10th Amendment And Oh My God I Just Can't Even.