Senate Democrats facing tough re-election battles in 2018 may have to decide if they want to hang a political anchor around their necks by joining a filibuster against Judge Neil Gorsuch, President Trump's highly credentialed Supreme Court nominee.
Predictably, Senate Minority Leader Chuck Schumer (D-N.Y.) threatened to filibuster Gorsuch in an op-ed on Politico.com and another in The New York Times, demanding 60 votes to confirm, rather than a simple majority as the Constitution allows. Schumer called Gorsuch "very smart, articulate and polite, with superb judicial demeanor" but not "mainstream."
Here's what Schumer thinks is "mainstream." "Senseless in Seattle and San Francisco" sums it up. The Ninth Circuit Court of Appeals in San Francisco upheld a temporary restraining order issued by a Seattle district court judge against President Trump's order banning entry into the U.S. for 90-120 days by those from Syria, Somalia, Sudan, Iraq, Iran, Yemen, and Libya.
Schumer should explain how judges, who aren't privy to a national security briefing, know a shish kabob from Somalia's Al-Shabaab, one of whose thugs beheaded a British soldier in London in 2013. Nonetheless, uninformed judges seized President Trump's plenary power in foreign relations and national security and substituted their ignorant opinions. Foreign nationals, who've never set foot in the United States, now supposedly have due process rights under our Constitution. It's all within the two left banks of Schumer's "mainstream."
Schumer should also explain why he now opposes Gorsuch yet joined in Gorsuch's unanimous confirmation to the 10th Circuit Court of Appeals ten years ago.
Gorsuch's record reveals his commitment to uphold the Constitution and laws as written, not those Schumer imagines. Consider:
Judicial duty within the Constitution's separation of powers
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