Trump's Supreme Court pick may spark another partisan battle
02:08, Jan 31, 2017
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In a twitter post Monday morning Trump said he "made my decision on who I will nominate" for the seat, which has stayed open for almost a year following the death of Justice Antonin Scalia in February 2016. "This is the first time a Senate majority has stolen a seat", Oregon Sen. Eliminating the filibuster for political appointments that die with a president's term was one thing. A ScotusBlog profile from January 23 called him a "solid, although hardly knee-jerk, conservative who was active in Republican politics before joining the federal bench".
Mr Gorsuch, who lives in Denver, Colorado, has served on the 10th US Circuit Court of Appeals since 2006.
In a recent Heritage Foundation paper, Ed Corrigan and I detail how Senate rules empower a majority to overcome a filibuster of a Supreme Court nominee - without having to invoke cloture or using the nuclear option. And stack the courts Obama did.
"Replacing a conservative with a conservative will not affect the balance on the court", noted Charles Geyh, a professor at Indiana University's Maurer School of Law. Today, nine have liberal majorities, including the D.C. Circuit. If it's true that the filibuster is coming no matter what, then McConnell's going to have to deploy the nuclear option no matter what - in which case, why not nominate the most hardline judge you can find? In Korte v. Sebelius, Sykes wrote a sweeping opinion in favor of religious protection for the religious preferences of corporations and their individual owners in the fight over Obamacare's contraceptive mandate.
Using the two-speech rule to confirm President Trump's Supreme Court pick is straightforward. Yet a fourth name has emerged, a White House official told the Associated Press on Sunday.
Former president Barack Obama had nominated Merrick Garland to the post, but Senate Republicans refused to take up the nomination. Of course they would have.
I'll leave you with this question, via the NRSC: Do Democrats no longer believe that "eight is not enough"?
Donnelly, D- Indiana, and McCaskill, D-Missouri, both represent states that Trump won with more than 55 percent of the vote. He does not even need every Republican to vote with him.
It's also still not clear how many Senate Democrats will be behind Merkley's effort.
Leonard Leo, Supreme Court advisor to Trump, thinks it would be a big mistake for Democrats to oppose the president's choice. A 49-year-old Harvard-trained lawyer, Gorsuch clerked for sitting Justice Anthony Kennedy before spending time in private practice and serving in the George W. Bush Justice Department. Democrats have a ideal record, while Republicans are not even batting.500. 'Under Obama, Sotomayor and Kagan, no filibusters'.
Some Democrats already have threatened to filibuster Trump's nominee, whoever he or she is.
In a tweet last week, Trump had indicated that he would announce his nomination for the high court on Thursday.