President Donald Trump’s nomination of Judge Neil Gorsuch to the Supreme Court has put Senate Democrats in a vise.
Voters from the liberal base apoplectic over Trump’s presidency are demanding opposition at any cost. But all-out war on a well-qualified nominee could alienate independent voters who will be crucial in next year’s midterm elections, when Senate Democrats are defending a daunting 23 seats, including 10 in states Trump won.
Also threatening Democrats: the very real possibility that if they do try to block Gorsuch, a conservative 49-year-old federal appeals court judge with sterling credentials, Republicans will use their narrow Senate advantage to unilaterally change the rules and push through his nomination with a simple majority vote, instead of the 60 now required.
The dynamics offer no clear end game for Democrats, putting them on defense and Republicans on offense for the first time in Trump’s presidency.
“It is not easy for any of us,” said Democratic Sen. Tom Carper of Delaware, noting that in addition to anger over Trump, many Democrats are still smarting over the treatment last year of former president Barack Obama’s Supreme Court nominee, Judge Merrick Garland, who never got a hearing from Republicans as they held the Supreme Court vacancy open for the next president to fill.
“There are a lot of folks in my state and states across the country who are still outraged,” Carper said.
Senate Republicans, who’d been rattled over the rocky start to Trump’s presidency, are now girding for a fight on their territory and their terms, one they feel quite confident they will win.
“It feels good to have a candidate that all of us can feel proud of. And I think you’ll probably see some Democrats give him the benefit of the doubt,” said GOP Sen. Rob Portman of Ohio. “I think he’s a tough person to oppose on the basis of qualifications. I just don’t see any opening there.”
Despite Gorsuch’s credentials, including experience as a clerk to Justice Anthony Kennedy, a number of progressive groups have already announced their opposition. Among other things they cite his opinions in favor of “religious liberty” exemptions for private companies that don’t want to provide contraception coverage under federal law.
Groups including the Progressive Change Campaign Committee are keeping close track of what Democratic senators are saying about Gorsuch, praising those who’ve already announced their opposition to him while issuing veiled threats against any who haven’t, and swamping phone lines on Capitol Hill.