BY RYAN SENECAL
Staff Writer
President Donald Trump’s first couple of weeks in the White House have been hectic. As of this moment, the White House and Senate Republicans are trying to convince Senate Democrats to confirm Trump’s nominees to their specific cabinet positions.
Our focus has seemed to drift away from these committee hearings and senate confirmation votes for a few days as we turn to Trump’s nominee to replace the late Justice Antonin Scalia. The president has chosen Judge Neil Gorsuch of the 10th Circuit Court of Appeals, located in Denver, Colorado. Gorsuch was nominated to his present seat by former president George W. Bush.
It has been almost a year since Scalia’s death. Republicans in the Senate took a big risk by not holding a confirmation hearing for former president Barack Obama’s nominee, Merrick Garland, who was probably one of the most conservative judges a Democrat could nominate. Republicans ended up winning the battle over the court while retaining a majority in the Senate and winning the White House in November. It was a risky game, one that I was critical of, but I, like many others, was proved wrong on election night.
Gorsuch is very qualified to hold this seat. He received his Bachelor’s degree from Columbia University, his Juris Doctor from Harvard University and his Doctorate from Oxford University.
Like Scalia, Gorsuch believes in interpreting the Constitution as written. Many liberals do not agree with this style and have already expressed their distaste for Gorsuch. While he is an originalist, we do not know Gorsuch’s view on abortion or marriage equality, as he has not had the opportunity to write opinions on them for the court. He has written a book on euthanasia which some on the left have stated as reason to believe that he is anti-abortion and would take any opportunity to strike down Roe v. Wade.
Many on the left have already proclaimed that they will not vote to confirm Gorsuch to the Supreme Court. New York State’s own Senators Chuck Schumer and Kirsten Gillibrand, both Democrats, have both pledged to vote no.
I caution Democrats in the Senate to outright reject this nominee and call for a new person to be nominated. In 2018, the Democrats will have 23 seats to defend in the mid-term election. They also have two seats that are held by Independents that caucus with the Democrats, so they basically have to defend a quarter of the U.S. Senate next year.
Democrats are trying to hold on to at least ten states that voted for Trump. These Democrats are located in Montana, North Dakota and Wisconsin, among others. These Democrats should give Gorsuch a fair chance, which will look good to their constituents. Also, Democrats who are smart should wait to threaten a filibuster until the time comes to fill the seats of Justice Anthony Kennedy or Justice Ruth Bader Ginsburg.
While Democrats are playing their games, Republicans have some tricks up their sleeves. In order to be confirmed to the Supreme Court, you must get 60 yea votes. Republicans are threatening to change the rule to only require a simple majority vote to confirm a nominee.
I urge Republicans to do everything they can to preserve this rule. Most of the rules were changed when Democrats had a majority in the Senate. Former Senator Harry Reid was the Majority Leader and he wanted Obama’s cabinet and nominees to lower courts to be confirmed easier. So Republicans would have a decent reason to change the rule, but if this rule is changed, what will be the point of having a Senate? The Senate was supposed to be a chamber to get the nation’s business done with bi-partisan support. What else is left if this happens?
In the end, Gorsuch will be confirmed. It will be interesting to watch how this confirmation process plays out.
