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Are Senate Democrats Wanting to Cut a Deal Over the Gorsuch Nomination?

Are Senate Democrats Wanting to Cut a Deal Over the Gorsuch Nomination?

Wheelin’ and dealin’

According to Politico, Senate Democrats are hoping to strike a deal with Senate Republicans to ensure Trump’s Supreme Court Justice nominee, Judge Neil Gorsuch, is confirmed.

In exchange for confirmation, Politico reports, Democrats “are most likely” to request a deal that would exchange Gorsuch’s confirmation for the preservation of the filibuster for any subsequent Supreme Court bench openings.

Gorsuch is likely to be confirmed with or without a deal, so there’s seemingly zero reason for Senate Republicans to even entertain such a deal if it was being discussed.

From Politico:

A group of Senate Democrats is beginning to explore trying to extract concessions from Republicans in return for allowing Supreme Court nominee Neil Gorsuch to be confirmed, according to multiple sources familiar with the matter.

The lawmakers worry that Gorsuch could be confirmed whether Democrats try to block him or not — and Democrats will be left with nothing to show for it. That would be a bitter pill after the GOP blocked Merrick Garland for nearly a year.

The deal Democrats would be most likely to pursue, the sources said, would be to allow confirmation of Gorsuch in exchange for a commitment from Republicans not to kill the filibuster for a subsequent vacancy during President Donald Trump’s term. The next high court opening could alter the balance of the court, and some Democrats privately argue that fight will be far more consequential than the current one.

If Democrats move ahead with the plan — it’s still in the early discussion phase — it would require buy-in from some Republicans, but not necessarily Majority Leader Mitch McConnell (R-Ky.) or his top deputies. At least three rank-and-file GOP members would have to pledge not vote to unilaterally change the Senate rules through a majority-only vote later in Trump’s term — the so-called “nuclear option.”

The current talks are limited to about a half-dozen Democratic lawmakers. They haven’t made an offer to Republicans yet, and Democratic leaders wouldn’t support one.

Democrats familiar with the effort requested anonymity to discuss a sensitive matter that divides the caucus. Some liberals are aiming to block Gorsuch, while others are worried about the electoral prospects for 10 senators up for reelection next year in states won by Trump if they’re seen as obstructing the president’s court pick.

Vulnerable Democrats are concerned about the looming 2018 midterms. With most likely voters believing their opposition to Judge Gorsuch is political, and not issue-based, they’re clearly looking for an out.

Chief Counsel and Policy Director of the Judicial Crisis Network, Carrie Severino, responded to news of the potential deal saying, “Now that Neil Gorsuch is well on his way to confirmation, Democrats hope Republicans will fumble at the one yard line. The silly proposal being floated by Democrats would merely prolong their ability to filibuster exceptionally qualified nominees, while giving Republicans nothing in return. Republicans would be fools to take it, and I don’t think they are fools.”

Leonard Leo, President Trump Advisor’s for the Supreme Court was equally as unimpressed:

“Democrats must be delusional to think that Leader McConnell or any of his Republican colleagues would reward Democrats for their awful treatment of Neil Gorsuch by agreeing to a 60-vote threshold for future Supreme Court nominations in exchange for a filibuster-free vote on Judge Gorsuch. One way or the other his confirmation is all but assured by now. This absurd ‘deal’ would prolong an environment in which Democrat Supreme Court nominees get up or down simple majority votes and Republican nominees get filibustered. That’s not a deal, it’s unilateral disarmament.”

Unfortunately (or fortunately) for Senate Dems, there’s little, if any incentive for Republicans to even consider such a deal. I never advocate for the “but they did ______” approach, but Senate Democrats never once hesitated to leverage parliamentary procedure to block Republican interests, neither should Republicans.

Follow Kemberlee on Twitter @kemberleekaye


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It is always a bad idea to give away power without a guarantee. What would prevent the next Democrat majority senate from breaking the promise? The would be especially true if Schumer isn’t the leader at the time.

You can count Graham out of such a deal.
“If you can’t get 60 votes no one nominated by a Republican President can.”

F#@k them.

The democrats brought this all upon themselves by running the unelectable!!

Now they can suffer the consequences of their actions.

No need for a deal.

But the rino scum of the GOPe can be counted on for one thing, and one thing only: stabbing us in the back.

Like sociopaths, they will never change. Till we ALL accept this – and act accordingly – we’ll be living in under a monarchy.

Never underestimate the gutless, dumb-as-a-box-of-rocks Republicans that infest the Federal Goverment! Thank your lucky stars we have President Trump in the White House. The rest of the Government – not so much.

“…there’s seemingly zero reason for Senate Republicans to even entertain such a deal…”

This is the Party of Stupid we’re talking about, so don’t be surprised if they trade something for nothing.

Yes, the Repubs would be stupid to make any such agreement. However, you have to remember who the current GOP members of the Senate answer to. It would be in the interests of their backers [the Progressive and financial establishments] to allow Gorsuch to be confirmed without eliminating the super majority needed to pass cloture for a filibuster of a SCOTUS nominee. Once the nuclear option is used, it is extremely difficult to reverse it later. And, if the Court becomes more conservative than it was when Anton Scalia was still alive, this could significantly harm the interests of the Progressives and Wall Street.

We’ll have to see what happens.

One can hope that the Republicans grow an endoskeleton and don’t do what they have historically done…..snatch defeat from the jaws of victory.

HELL NO. They have literally NOTHING to offer.

This ‘deal’ would do nothing but give the Democrats political cover.

They know damn well that their opposition to Gorsuch is petty and based upon absolutely nothing of substance.

This ‘deal’ is them demanding the Republicans throw them a lifeline out of the mess of their own making.

Fuck them. Gorsuch gets a vote. If Democrats don’t confirm him because of petty politics, invoke the Reid rule and remove the filibuster.

Then laugh in their faces when a liberal dies or retires.

Were this something real, it would be a quintessentially Democratic way of “reaching across the aisle”—a “deal” which gives the Republicans nothing at all.

But it’s not anything real. It’s Politico.

“Gorsuch is likely to be confirmed with or without a deal, so there’s seemingly zero reason for Senate Republicans to even entertain such a deal if it was being discussed.”

Which is why they are going to make a deal. Senate Republicans are funny like that. ¯_(ツ)_/¯

” Republicans would be fools to take it, and I don’t think they are fools.”

LOL, no they are not fools, they are just a lesser version of the democrats.

NEVER underestimate Mitch McConnell’s ability to snatch defeat from the jaws of victory.

Easy prediction:
1) The Republicans will make a deal on Gorsuch by giving up something the Conservatives want.
2) The Democrats will stab the Republicans in the back right where they have for the last fifty-seven million times.
3) Gorsuch will still get through, but by 54 votes or so.
4) The Democrats will blame the Republican leadership for their hurt feelings.
5) The Republican leadership will roll over on their backs and beg for mercy while offering up even more things the Conservatives want as sacrifical victims.
6) The press will report the Republican victory at getting Gorsch confirmed as a terrible loss somewhere on the level of needing a national day of mourning.

    C. Lashown in reply to georgfelis. | March 23, 2017 at 12:46 am

    You forgot to mention how John McCain will be the darling of the Rodeo the Sunday after – AND, he’ll shine in the victory of the Republicans reaching ‘across the aisle’.

      Jackie in reply to C. Lashown. | March 23, 2017 at 6:38 am

      I heard an interview with McCain and he was very positive about Trump’s policies. I was actually surprised. Of course tomorrow he could change.

Democrats are like Lucy with the football in “Peanuts.” They will always, always pull back on their promises and let Republicans fall flat on their butts.

Liberty Bell | March 23, 2017 at 7:34 am

So we will give you this one as long as you give up the hard one power you have to stop us blocking all future nominees. Only a fool or a RINO would take such a bad deal.

This reminds me of the constant gun control “compromises” in MA — we give up something, they give up nothing but a promise that this is all they want. Guess what? A year later they are back for more.

Bucky Barkingham | March 23, 2017 at 8:09 am

Never underestimate the ability of the “Stupid Party” to snatch defeat from the jaws of victory.

Pigs in a blanket, fry em like bacon…the Dems of course.