Chuck Schumer, the Democratic Senate Minority Leader, recently ensured enough votes to be able to filibuster Neil Gorsuch’s nomination. Doing so would come as a show of strength for their own voters and hurt the Trump administration in a vulnerable moment, writes CNN’s Julian Zelizer. In order to get Gorsuch into the Supreme Court, Republicans have threatened to use the ‘nuclear’ option, eliminating the filibuster. This would be good for Democrats, writes Zelizer, since the use of filibusters has historically benefited Republicans. According to him, the advantages of filibustering justify any potential risks.
There are worse candidates for the the Supreme Court than Neil Gorsuch, contends Noah Feldman of the Chicago Tribune, for which all full-on filibusters should be saved. Pushing the Republicans to use the ‘nuclear’ option and get rid of the filibuster over Gorsuch could open the door to far more conservative judges being appointed, he argues. It is highly unlikely that Democrats will manage to hold off Gorsuch’s appointment until after the next election. Therefore, Feldman believes that Democrats should calm any desire to avenge Merrick’s Garland’s failed appointment and hold onto their aces for the right occasion.