You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Year-End Campaign now.

April 4, 2017

Gorsuch and The Ghost of Harry Reid

What goes around comes around is one of life’s undeniable truisms and never more than in the politics of Washington, D.C. (the “D.C.” increasingly standing for dysfunctional city).

What goes around comes around is one of life’s undeniable truisms and never more than in the politics of Washington, D.C. (the “D.C.” increasingly standing for dysfunctional city).

Last week was Cherry Blossom week in D.C. This week it’s Neil Gorsuch week. Republicans must now decide whether to use the “nuclear option,” a parliamentary procedure that allows the U.S. Senate to override a rule or precedent by a simple majority of 51 votes, instead of by a supermajority of 60 votes, as a tool for confirming President Trump’s nominee to the U.S. Supreme Court.

For those whose primary diet is not politics, a little history will help explain the pedigree of the nuclear option.

The constitutional option has been around in one form or another for more than a century. Writing on the website Think Progress, Ian Millhiser references a Federalist Society article in 2004: “The basic mechanism was devised by Republicans in 1890 to defeat a Democratic filibuster of a bill permitting military intervention in Southern states that prevented African-Americans from voting.”

That in itself is interesting since the history of Democratic opposition to civil rights, especially in the South, has largely been forgotten as modern Democrats smear Republicans for their alleged “voter suppression” of minorities. But I digress.

Under the 1890 plan, notes Millhiser, “Sen. Nelson Aldrich (R-RI) proposed introducing a motion asserting that ‘when any bill, resolution, or other question shall have been under consideration for a considerable time, it shall be in order for any senator to demand that debate thereon be closed.’”

Aldrich then envisioned, notes Millhiser, “a series of steps where the presiding officer of the Senate would reject the process proposed by his motion, and a simple majority of the Senate would reverse the presiding officer’s decision.” The plan was never activated because “Democrats caved and allowed a vote on the bill out of concerns that Aldrich would succeed.”

That is the choice for Democrats this week with the Gorsuch nomination. Should enough of them vote to get to the 60-vote majority currently required for a Supreme Court nominee, or should they do what their liberal base is demanding and vote “no,” prompting Senate Majority Leader Mitch McConnell (R-KY), to change Senate rules to allow Gorsuch to be confirmed by a simple majority?

Democrats don’t have a credible leg to stand on in opposing a change in Senate rules. That’s because their former Majority Leader, Harry Reid (D-NV), changed the rules to confirm federal judges nominated by President Obama by a simple majority over Republican objections.

“Power” is defined as the “ability to do or act” and having the “capability of doing or accomplishing something.” As long as Republicans have the majority, they should consider using their power. They have the numbers so they have the ability. The question is, are they capable enough to confirm Gorsuch with little support from Democrats?

Sometimes it appears Republicans are more concerned about negative press coverage, which they will get simply because they are Republicans, than about the wrath of voters. All politicians use power to advance their agenda. And now that Democrats are in the minority, they are using what little power they have, aided by their like-minded media colleagues, to stymie the Republican agenda.

If the nuclear option is necessary to confirm Judge Gorsuch, Republican senators should use it. And they should keep it for all federal judges, just as Democrats did with President Obama’s nominees. This is what Democrats fear most, because with a clear conservative majority on the Supreme Court and more conservatives on lower courts they could no longer expect judges, rather than legislators, to advance their agenda and they would have to be accountable to voters.

Sounds to me like a good option.

© 2017 Tribune Content Agency, LLC.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.