With A Change To The Rules, Neil Gorsuch Is Confirmed To The Supreme Court | The Odyssey Online
Start writing a post
Politics

With A Change To The Rules, Neil Gorsuch Is Confirmed To The Supreme Court

Responding to a Democratic filibuster of Gorsuch, the Republicans in the Senate altered the threshold to a simple majority vote.

4
With A Change To The Rules, Neil Gorsuch Is Confirmed To The Supreme Court
Vanity Fair

On Friday, Neil Gorsuch was confirmed as the 113th justice of the Supreme Court, filling the seat left vacant by the death of conservative Antonin Scalia in February 2016. The confirmation was the result of a shift in Senate rules—changing the threshold from 60 Senate votes to a simple majority of at least 51. The final vote for Gorsuch was 54-45, with one Republican senator absent. This concludes a week of Democratic filibustering and Republicans invoking the so-called “nuclear” option, which changed the threshold.

The nuclear option was first introduced to the Senate by Harry Reid in 2013, the Democratic majority leader at the time. Reid introduced the option in relation to “federal judicial nominees and executive-office appointments,” requiring a simple majority rather than the 60-vote supermajority. The nuclear option was in response to Republicans filibustering then-President Obama’s nominations—a similar situation to the present day. However, in 2013, Reid stressed that Supreme Court nominees would still need to adhere to the 60-vote rule. That has now been altered.

The change in voting follows a contentious 14 months since the death of Justice Scalia. President Obama nominated Democratic Merrick Garland, largely a centrist by most measures, to fill the spot. Republicans, led by Senate Majority Leader Mitch McConnell, blocked the nomination and refused to even hold a hearing, on the basis that a “lame-duck” president should not be able to nominate a Supreme Court justice. During his tenure, Obama had nominated (successfully) Judge Sonia Sotomayor and Solicitor General Elena Kagan. Both of his nominations reached the 60-vote supermajority (68 and 63 respectively).

The Democratic filibuster was in theory a response to Gorsuch’s past of siding with corporations rather than people, but could also be viewed as a reaction to Garland’s complete blocking. Indeed, Gorsuch (an originalist like Scalia) has seen a rather unique journey to the Supreme Court—Republicans blocking the sitting President’s nomination and eventually changing the rules to vote in Gorsuch.

The 60-vote supermajority is supposed to guarantee a level of centrism. The nomination should ideally be moderate enough to appeal to both sides, because the Supreme Court is supposed to operate without party lines or political in-fighting. With the change of the threshold, a major part of what the Senate has prided itself on (affording more rights to the minority party than any other chamber) has disappeared. A President whose party holds the Senate majority can be virtually guaranteed that his nominations will go through. There is no more “moderation” litmus test. In the House of Representatives, the minority party holds far less sway and power—something the Senate has prided itself on doing the opposite.

While Gorsuch’s nomination keeps the ideological DNA of the court the same (four liberal judges, four conservatives, and Justice Kennedy as the swing vote), several justices (liberal Ginsberg, liberal Breyer and neutral-ish Kennedy) are older than 70. With the new rule of simple majority, there is an increased likelihood that Trump has all the room he wants to nominate more conservative judges. Already, the 49-year-old Gorsuch will be able to affect law for decades to come.

The change in rules was dramatic but not unexpected. The “nuclear option” has been thrown around and threatened since Gorsuch was announced as President Trump’s nominee. It concludes a saga of political polarization and tension over the issue since the death of Antonin Scalia. However, especially in the context of the current political situation, it’s difficult not to feel like this change in the rules has more ominous implications down the line.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Lifestyle

Moana's Top 10 Life Tips

"Moana" is filled with life lessons that involve far more than finding true love as many other Disney movies do.

38303
Animated image of a woman with long dark hair and tattoos
StableDiffusion

1. It's easy to be fooled by shiny things.

Digital image of shiny gemstones in cased in gold. shiny things StableDiffusion

Tamatoa created a liar filled with shiny things simply for the purpose of tricking fish to enter and become his food. He too experiences a lesson in how easy it is to be tricked by shiny things when Moana distracts him by covering herself in glowing algae so Maui can grab his hook.

Keep Reading...Show less
Student Life

7 Types Of Students You Will Meet In College

You wish you could be #5, but you know you're probably a #6.

19245
cool group of lazy college students in class
StableDiffusion

There are thousands of universities around the world, and each school boasts its own traditions and slogans. Some schools pride themselves on sports, while others emphasize their research facilities. While there is a myriad of differences among each and every school, there will always these seven types of students in class.

Keep Reading...Show less
Featured

15 Rhyme Without Reason Greek Life Function Ideas

When you have no ideas for what to wear to this date function

319779
A dog and a frog
Healthy Pets

I am going to a rhyme without reason date function and I have looked at so many different rhyming words and I figured there need to be a new list of words. At these functions, there are usually at least two rockers and boxers and an umpteenth amount of dogs and frogs. I have come up with a list of creative and unique ideas for these functions.

If you like what you see, get a shopping cart going with these costumes.

Keep Reading...Show less
Featured

Yoga love

A long over due thank you note to my greatest passion.

31945
A person in a yoga pose surrounded by a supportive community of fellow yogis with a look of peace and gratitude on their face the image should convey the sense of strength mindfulness and appreciation that the writer feels towards yoga
StableDiffusion

Dearest Yoga,

You deserve a great thank you.

Keep Reading...Show less
Arts Entertainment

Epic Creation Myths: Norse Origins Unveiled

What happened in the beginning, and how the heavens were set in motion.

12518
The Norse Creation Myth

Now, I have the everlasting joy of explaining the Norse creation myth. To be honest, it can be a bit kooky, so talking about it is always fun. The entire cosmos is included in this creation myth, not just the earth but the sun and the moon as well. This will be a short retelling, a summary of the creation myth, somewhat like I did with Hermod's ride to Hel.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments