A growing number of Senate Democrats are beginning to more openly state they will not filibuster Neil Gorsuch and some are even going so far as to say they will vote for him. They are joined today by the editorial board of USA Today which declares Gorsuch qualified for the Supreme Court and worthy of support.
This is leaving Chuck Schumer in a real mess. Schumer, who this weekend defended getting rid of the filibuster for lower court nominees, maintains that there is a 60 vote requiremet for Gorsuch. There is no such rule. It is a fictitious talking point being bought by unhinged liberals willing to buy any anti-Gorsuch fake news.
Even the Washington Post has had to call B.S. on Schumer’s claim that Gorsuch must get sixty votes to pass the Senate. This is, however, the best Schumer can do. Having surrendered the moral high ground by scuttling the filibuster, he is now left planting stories in friendly outlets that if the GOP gets rid of the filibuster they will be creating some new precedent.
No one believes it except the most partisan of Democrats and even some of them are wavering.
In the real world, Republicans are preparing to destroy the filibuster on Supreme Court nominations anyway. They do not care that more Democrats are coming on board because there is a growing awareness there may really be a second vacancy this summer. The GOP is not going to give Democrats the opportunity to claim Gorsuch is reasonable and worthy of more than 60 votes so they can then claim the next nominee, no matter how well qualified, is unreasonable in order to prevent an ideological shift to the right on the Court.
The filibuster is going away. Chuck Schumer and Harry Reid are to blame for it. And all Schumer has now is a talking point no one believes about sixty vote thresholds. Democrats are abandoning him. The media is abandoning him. And Schumer knows this is going to enrage the Democrats’ base, causing primaries of red state Democrats, which means the odds of him becoming Majority Leader after 2018 become even longer.