Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals has been nominated by President Donald Trump to fill the late Antonin Scalia’s and Merrick Garland’s stolen Supreme Court seat.
Finally, a white, male, Harvard Law School graduate will get some representation on the bench.
Gorsuch was included in the Supreme Court of the United States shortlist Trump provided during the campaign. Nothing, literally nothing has been normal throughout the transition process or this administration’s first few weeks of governing up until this pick.
For those that are clutching the pearls of what is to come in the next four years, they can at least take some solace in this distinguished judge with indisputable credentials despite his conservative ideology. Notwithstanding the Republican thievery of Garland’s seat, Gorsuch’s nomination, if confirmed, will essentially be a like-for-like trade-off with Antonin Scalia in terms of judicial philosophy.
While not ideal for Democrats, they should be wary of an all-out war over his confirmation. Testy hearings were the theme of the Trump transition in light of his cabinet appointees’ dubious qualifications. A former Exxon CEO with ties to Russia’s plentiful oil supplies in Rex Tillerson, a neurosurgeon, Ben Carson in charge of urban development, and an anti-public school advocate in charge of the Department of Education, Betsy Devos, presented obvious doubts about the competency of the incoming cabinet.
Unfortunately, people have to beware the possibility of “outage fatigue” as the necessity for legitimate outrage seems to be growing every day. Waging a full offensive over Gorsuch, a qualified candidate, involves the already increasing risk of sounding like the boy who cried wolf. Democrats and Liberals have to be careful not to burn their chips too quickly. In order to grow opposition support to Trump’s outrageous behavior and draconian policies, they will need to maintain a consistent strategy and relentless resistance. It is an unfortunate reality.
Furthermore, the fight against Trump will not only require the full effort of lefties in Congress, but a coalition of moderate anti-Trump Republicans. Thus, they must choose their battles wisely. Gorsuch is a favorite among all swaths of Conservatives in the mainstream and, to his credit, Trump made the decision with this in mind. A full frontal character assassination or undercutting of Gorsuch’s integrity would risk losing the support Democrats need to continue the battle. Save the fighting gloves for when Gorsuch or any other Trump cohorts begin chipping away at reproductive and voting rights. Then, they will surely have people willing to join their cause.
It is going to be a long four years. Democrats have a chance to regain some lost seats in the 2018 midterm elections if it is of any consolation. Even if they do, an effective Trump resistance will not be an easy task.
Gorsuch is a capable judge and could likely serve on the bench for up to three decades. He can and should be subject to the same scrutiny faced by all SCOTUS nominees, but Democrats need to swallow the loss of Garland’s seat and continue refining their strategy for the next four years.
