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Trump Says ‘Go Nuclear’ as Democrats Brace for Gorsuch Fight Trump Says ‘Go Nuclear’ as Democrats Gird for Gorsuch Fight
(about 4 hours later)
WASHINGTON — President Trump, seeming to relish a fight with Democrats over his nominee for the Supreme Court, on Wednesday encouraged the Senate majority leader, Mitch McConnell, Republican of Kentucky, to invoke the so-called nuclear option and abandon the 60-vote threshold for Supreme Court nominees. WASHINGTON — The battle over President Trump’s nominee for the Supreme Court, Judge Neil M. Gorsuch, turned immediately explosive on Wednesday, as Mr. Trump urged Senate Republicans to abandon a 60-vote threshold for confirmation and leaders of both parties strained to navigate what could become the most contentious nomination fight in a generation.
“If we end up with that gridlock, I would say, ‘If you can, Mitch, go nuclear,’” the president said on Wednesday from the Roosevelt Room of the White House. “Because that would be an absolute shame if a man of this quality was put up to that neglect. I would say it’s up to Mitch, but I would say, ‘Go for it.’” Mr. Trump advised the Senate majority leader, Mitch McConnell, Republican of Kentucky, to “go nuclear” if necessary, referring to the so-called nuclear option that would scuttle the filibuster in favor of a simple majority vote on Judge Gorsuch, who sits on the United States Court of Appeals for the 10th Circuit, in Colorado.
His call for a battle came as 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 choice, federal appeals court judge Neil M. Gorsuch. “That would be an absolute shame if a man of this quality was put up to that neglect,” Mr. Trump said from the Roosevelt Room of the White House. “I would say it’s up to Mitch, but I would say, ‘Go for it.’”
In choosing a respected, plainly qualified and deeply conservative jurist, Mr. Trump has dared Democrats to pursue the kind of blanket obstructionism that they long accused Republicans of embracing during the Obama administration. Democrats are grappling with their most consequential strategic decision to date in the age of Trump: how aggressively to oppose the president’s choice for a seat many believe was stolen from their party.
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 to a White House that liberals fear and abhor. In selecting a respected, plainly qualified and deeply conservative jurist, Mr. Trump has dared Democrats to pursue the kind of blanket obstructionism that they long accused Republicans of embracing during the Obama administration.
Democrats intend to remind the public, with great frequency, 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. Mr. McConnell said a justice should not be seated during an election year, even though there is no prohibition on such action. But for a party that has often struggled 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 to a White House that liberals fear and abhor.
On Wednesday, as Judge Gorsuch made his initial courtesy calls with senators on Capitol Hill, Republicans assumed the tone of a party in power, appealing for unity and adherence to Senate custom. Democrats intend to remind the public, with great frequency, 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. Mr. McConnell had said a justice should not be seated during an election year, even though there is no prohibition on such action.
Now, their gambit successful, Republicans intend to capitalize on the groundwork laid since Mr. Trump’s election. Leading conservative groups have united for a multimillion-dollar campaign to help Judge Gorsuch, producing television commercials, planning gatherings at megachurches and contacting supporters to encourage them to demand a vote from their senators.
For Republicans who were leery of Mr. Trump’s campaign last year, the prospect of adding a conservative to the court was often a powerful motivator to stay in line. He has rewarded their faith.
On Wednesday, as Judge Gorsuch made his initial courtesy visits to senators on Capitol Hill, Republican lawmakers assumed the tone of a party in power, appealing for unity and adherence to Senate custom.
Judge Gorsuch’s first call after the announcement of his nomination was to Mr. Garland, as a gesture of respect, according to Ron Bonjean, a spokesman for the nomination effort.Judge Gorsuch’s first call after the announcement of his nomination was to Mr. Garland, as a gesture of respect, according to Ron Bonjean, a spokesman for the nomination effort.
The nominee was also joined on Wednesday by Kelly Ayotte, a well-liked former Republican senator from New Hampshire, who is helping to shepherd him through the nominating process months after losing her re-election bid.The nominee was also joined on Wednesday by Kelly Ayotte, a well-liked former Republican senator from New Hampshire, who is helping to shepherd him through the nominating process months after losing her re-election bid.
After greeting Judge Gorsuch during his visit, Mr. McConnell asked Democrats to heed their own calls to restore the court to its rightful size.After greeting Judge Gorsuch during his visit, Mr. McConnell asked Democrats to heed their own calls to restore the court to its rightful size.
“I would invite Democrats who spent many months insisting we need nine to join us in following through on that advice,” he said from the Senate floor.“I would invite Democrats who spent many months insisting we need nine to join us in following through on that advice,” he said from the Senate floor.
So far, Democrats have appeared unmoved, and occasionally seething.So far, Democrats have appeared unmoved, and occasionally seething.
Senator Chuck Schumer of New York, the Democratic minority leader, said Judge Gorsuch must meet the 60-vote threshold required to overcome a filibuster in the Senate. Senator Chuck Schumer of New York, the minority leader, said Judge Gorsuch must meet the 60-vote threshold required to overcome a filibuster in the Senate.
History — and especially recent history — demand it, he suggested.History — and especially recent history — demand it, he suggested.
“If this nominee cannot meet the same standard that Republicans insisted upon for President Obama’s Supreme Court nominees — 60 votes in the Senate — then the problem lies not with the Senate but with the nominee,” Mr. Schumer said. “This is nothing new. It was a bar met by each of President Obama’s nominations,” Mr. Schumer said. He argued that if Judge Gorsuch could not attract enough support, “the answer will not be to change the rules of the Senate, but to change the nominee to someone who can earn 60 votes.”
He said Mr. Trump’s White House had demonstrated “less respect for the rule of law than any in recent memory,” placing a “special burden on this nominee to be an independent jurist.”He said Mr. Trump’s White House had demonstrated “less respect for the rule of law than any in recent memory,” placing a “special burden on this nominee to be an independent jurist.”
Breaking a filibuster 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 change longstanding rules and push through the nomination on a simple majority vote — the so-called nuclear option. Breaking a filibuster 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 change longstanding rules and push through the nomination on a simple majority vote.
Transfers of power from one party to the other often compel lawmakers to shift their perspectives, leaning on arguments they once rejected. But the bipartisan whiplash in the Senate has been especially striking.Transfers of power from one party to the other often compel lawmakers to shift their perspectives, leaning on arguments they once rejected. But the bipartisan whiplash in the Senate has been especially striking.
Since Mr. Trump’s announcement, the two parties have rushed headlong into an embrace of the other’s former talking points. Republicans have 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. Since Mr. Trump’s announcement, the two parties have rushed headlong into an embrace of the other’s former talking points. Republicans have cast Judge Gorsuch as an unassailable choice, as Democrats did with Judge Garland, trumpeting his appeals court record 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. Senators like Ted Cruz, Republican of Texas — who, before the election, raised the possibility of blocking a nomination indefinitely if Hillary Clinton won the presidency — have insisted on swift action.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. Senators like Ted Cruz, Republican of Texas — who, before the election, raised the possibility of blocking a nomination indefinitely if Hillary Clinton won the presidency — have insisted on swift action.
And some Democrats have argued, 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 some Democrats have argued, after nearly a year spent lamenting the vacancy on the court since 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.”
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 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, instead framing the choice of any judge not named Merrick Garland as 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 Supreme Court seat was stolen from the Obama administration.,” Senator Jeff Merkley, Democrat of Oregon, said on Wednesday. “It casts a big shadow over it. If this seat is filled in this manner, it’s going to undermine the integrity of the court, the legitimacy of the court, for decades to come.”
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, who cited religious objections while refusing to provide some forms of contraception coverage to female workers. Senator Richard Blumenthal, Democrat of Connecticut and a member of the Judiciary Committee, struck a more conciliatory note, to a point.
“Republicans were outrageously wrong in denying Merrick Garland a hearing and a vote. But two wrongs don’t make a right,” he said in an interview. “We should support a hearing and a vote for Neil Gorsuch. It’s part of the Senate’s job.”
He added, though, that Judge Gorsuch should be required to clear 60 votes.
In the interim, Democrats and progressive activists have begun zeroing in on elements of Judge Gorsuch’s record. Among their concerns is the fact that he has voted in favor of employers, including Hobby Lobby, who cited religious objections in 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 as empty posturing. Some lawmakers were more creative than others. Even before many Democrats weighed in, Republicans dismissed any complaints about Judge Gorsuch as empty posturing. Some senators 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. “That’s hogwash.” “Senator Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals,” Senator Ben Sasse, Republican of Nebraska, said.
That, he hastened to add, was untrue.