Mitch McConnell and the Republican Senate should do everything within their powers to get Neil Gorsuch confirmed without utilizing the “nuclear option.” I wrote about this with a full post on RedState, but here’s the quick take.
The Supreme Court is the last line of defense for the Constitution as it pertains to the law of the land. As such, we do not need politics entering into the equation. That’s hard for some people to reconcile; laws and politics are so intertwined that it’s often difficult to separate the two. Thankfully, we don’t need to understand the separation as long as the courts can do it for us.
The rules in the Senate are set up to prevent political ideologies from running rampant in the courts, particularly the Supreme Court. For expediency, the Democrats invoked the nuclear option for all other confirmations. Now, the using the option is on the table if the Democrats fulfill their promise to attempt to block Gorsuch’s confirmation.
If it absolutely, positively needs to be done in order to get him on the court, so be it. However, this should be the very last resort and only invoked if every other option has been completely exhausted. It behooves the Democrats to keep the rule is place. If the Republicans are forced to go nuclear, the Supreme Court becomes more of a political issue than it already is.
The proper solution is to work with the Democrats to get this confirmation done. Forcing 60 Senators to approve of a Supreme Court nominee is righteous because it makes the President pick constitutionalists instead of ideologues. That’s not to say that people can’t be both; Gorsuch is a staunch defender of the Constitution and happens to also be conservative. If Democrats force the issue, they’re hurting their own future efforts and removing one of the only powers they still have.
Do it the right way. Go nuclear only if no other option is available. Keep the rules the way they are. In fact, if there’s a way to make the rule permanent, they should do so. When we politicize the bench, we’re bound to get stuck in the ebb and flow of political power as the driving force behind the judicial branch. This is a very bad thing for America.