The Judiciary Committee sent Neil Gorsuch’s Supreme Court nomination to the full Senate Monday on an 11-9 “party-line vote,” as the press likes to say. What a shame. All nine committee Democrats lined up like the Rockettes to oppose the nominee whose qualifications and temperament are universally hailed.
At least 41 Democrats led by Minority Leader Chuck Schumer have also committed to filibuster Judge Gorsuch on the Senate floor, so he will need 60 votes to be confirmed. This will force Republicans to change Senate rules to break what would be the first partisan filibuster of a Supreme Court nominee in history. Democrats and their media friends want to portray Republicans as the radicals in this case, but Democrats are the precedent-busters.
Mr. Schumer is howling that Republicans stole this Court seat because they didn’t give a vote to Merrick Garland last year. But Majority Leader Mitch McConnell declared before Barack Obama nominated Judge Garland that there would be no vote on any nominee in the election year. He was merely echoing the standard that Mr. Schumer had set when he declared in 2007 that Democrats would block any nominee that George W. Bush would send up in his final year as President.
Democrats have no good reason to oppose Judge Gorsuch so they are inventing bad reasons. Montana Democrat Jon Tester, who likes to portray himself as a centrist, announced that he’ll oppose the judge for what he didn’t say. “I cannot support a nominee who refuses to answer important questions,” he said, as if more than 2,000 Gorsuch opinions don’t provide enough insight into his jurisprudence. If the Judge wasn’t as gabby in the confirmation hearing as Mr. Tester would like, the reason is that Democrats would have used anything provocative he said to defeat him. But now even saying nothing offensive is disqualifying. What a crew.