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| Democrats’ Strategic Choice: How Aggressive to Be on Gorsuch? | Democrats’ Strategic Choice: How Aggressive to Be on Gorsuch? |
| (35 minutes later) | |
| WASHINGTON — Democrats began grappling on Wednesday with their most consequential strategic choice to date in the age of Trump: how aggressively to oppose the president’s Supreme Court pick, Neil M. Gorsuch. | WASHINGTON — Democrats began grappling on Wednesday with their most consequential strategic choice to date in the age of Trump: how aggressively to oppose the president’s Supreme Court pick, Neil M. Gorsuch. |
| In choosing a respected, plainly qualified and deeply conservative jurist, President Trump has dared Democrats to pursue the kind of blanket obstructionism that they long accused Republicans of embracing during the Obama administration. | In choosing a respected, plainly qualified and deeply conservative jurist, President Trump has dared Democrats to pursue the kind of blanket obstructionism that they long accused Republicans of embracing during the Obama administration. |
| But for a party that has often strained to match the fury and zeal of its base during the wave of anti-Trump activism since the election, a full-scale showdown may prove unavoidable, doubling as a referendum on resistance tactics under a White House that liberals fear and abhor. | But for a party that has often strained to match the fury and zeal of its base during the wave of anti-Trump activism since the election, a full-scale showdown may prove unavoidable, doubling as a referendum on resistance tactics under a White House that liberals fear and abhor. |
| Democrats intend to remind the public, at great length, about Republicans’ treatment of Merrick B. Garland, President Barack Obama’s nominee to fill the vacant seat last year, who was blocked from even receiving a hearing. The Senate majority leader, Mitch McConnell, Republican of Kentucky, said a justice should not be seated during an election year, even though there is no prohibition on such action. | Democrats intend to remind the public, at great length, about Republicans’ treatment of Merrick B. Garland, President Barack Obama’s nominee to fill the vacant seat last year, who was blocked from even receiving a hearing. The Senate majority leader, Mitch McConnell, Republican of Kentucky, said a justice should not be seated during an election year, even though there is no prohibition on such action. |
| Immediately after Mr. Trump’s announcement on Tuesday, the two parties rushed headlong into an embrace of the other’s former arguments. Republicans cast Judge Gorsuch as an unassailable choice, as Democrats had done with Judge Garland, trumpeting his record on the federal Court of Appeals and his impressive credentials. | Immediately after Mr. Trump’s announcement on Tuesday, the two parties rushed headlong into an embrace of the other’s former arguments. Republicans cast Judge Gorsuch as an unassailable choice, as Democrats had done with Judge Garland, trumpeting his record on the federal Court of Appeals and his impressive credentials. |
| They reminded some Senate Democrats that they had voted to confirm Judge Gorsuch to a lower court once upon a time, as some Republicans had for Judge Garland. | They reminded some Senate Democrats that they had voted to confirm Judge Gorsuch to a lower court once upon a time, as some Republicans had for Judge Garland. |
| And Democrats insisted, after nearly a year spent lamenting a vacancy on the court after Justice Antonin Scalia’s death, that Judge Gorsuch must not be allowed to assume the seat. | And Democrats insisted, after nearly a year spent lamenting a vacancy on the court after Justice Antonin Scalia’s death, that Judge Gorsuch must not be allowed to assume the seat. |
| “The Democrats should treat Trump’s SCOTUS pick with the exact same courtesy the GOP showed Merrick Garland,” Dan Pfeiffer, a former senior adviser to Mr. Obama, wrote on Twitter. “Don’t flinch, don’t back down.” | “The Democrats should treat Trump’s SCOTUS pick with the exact same courtesy the GOP showed Merrick Garland,” Dan Pfeiffer, a former senior adviser to Mr. Obama, wrote on Twitter. “Don’t flinch, don’t back down.” |
| Senator Chuck Schumer of New York, the Democratic minority leader, said he would insist that Judge Gorsuch meet the 60-vote threshold required to overcome a filibuster in the Senate. That would require eight members of the Democratic caucus to join the 52 members of the Republican majority to advance the nomination, or force Republicans to consider the so-called nuclear option — as Mr. Trump has urged, if necessary — to change longstanding rules and push through the nomination on a simple majority vote. | Senator Chuck Schumer of New York, the Democratic minority leader, said he would insist that Judge Gorsuch meet the 60-vote threshold required to overcome a filibuster in the Senate. That would require eight members of the Democratic caucus to join the 52 members of the Republican majority to advance the nomination, or force Republicans to consider the so-called nuclear option — as Mr. Trump has urged, if necessary — to change longstanding rules and push through the nomination on a simple majority vote. |
| Reactions to Judge Gorsuch’s nomination among Democrats seemed to sort themselves into three camps: There were some cautious statements, often from moderate Democrats in states that Mr. Trump had won, urging careful consideration of the pick. There were policy-based concerns raised about Judge Gorsuch’s trail of conservative opinions and leanings. And there were arguments that did not focus much on Judge Gorsuch at all, framing the choice of any judge not named Merrick Garland to be illegitimate. | Reactions to Judge Gorsuch’s nomination among Democrats seemed to sort themselves into three camps: There were some cautious statements, often from moderate Democrats in states that Mr. Trump had won, urging careful consideration of the pick. There were policy-based concerns raised about Judge Gorsuch’s trail of conservative opinions and leanings. And there were arguments that did not focus much on Judge Gorsuch at all, framing the choice of any judge not named Merrick Garland to be illegitimate. |
| “This is a stolen seat,” said Senator Jeff Merkley, Democrat of Oregon. “This is the first time in American history that one party has blockaded a nominee for almost a year in order to deliver a seat to a president of their own party. If this tactic is rewarded rather than resisted, it will set a dangerous new precedent in American governance.” | “This is a stolen seat,” said Senator Jeff Merkley, Democrat of Oregon. “This is the first time in American history that one party has blockaded a nominee for almost a year in order to deliver a seat to a president of their own party. If this tactic is rewarded rather than resisted, it will set a dangerous new precedent in American governance.” |
| At the same time, Democrats and progressive activists have begun zeroing in on elements of Judge Gorsuch’s record. Among their other concerns, he has voted in favor of employers, including Hobby Lobby, that cited religious objections while refusing to provide some forms of contraception coverage to female workers. | |
| Mr. Schumer said Judge Gorsuch had “repeatedly sided with corporations over working people” and demonstrated “a hostility toward women’s rights.” | Mr. Schumer said Judge Gorsuch had “repeatedly sided with corporations over working people” and demonstrated “a hostility toward women’s rights.” |
| Even before some Democrats weighed in, Republicans dismissed any complaints about Judge Gorsuch. Some lawmakers were more creative than others. | Even before some Democrats weighed in, Republicans dismissed any complaints about Judge Gorsuch. Some lawmakers were more creative than others. |
| “Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals,” Senator Ben Sasse of Nebraska said in a statement Tuesday evening. “That’s hogwash.” | “Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals,” Senator Ben Sasse of Nebraska said in a statement Tuesday evening. “That’s hogwash.” |