Both liberals and conservatives are rejecting a deal being pondered by Senate Democrats who would allow Judge Neil Gorsuch to earn a seat on the Supreme Court in exchange for a promise that the GOP won’t do away with the filibuster for future nominees.
A half-dozen Democrats are weighing the plan, Politico reported last week, arguing that Judge Gorsuch is likely to be confirmed but Democrats should try to squeeze some leverage for the next court fight.
They fear that if Democrats filibuster now, Republicans will trigger the “nuclear option” to change the rules and curtail the filibuster, confirming Judge Gorsuch and paving the path for President Trump’s future picks.
But liberal groups said they want a fight over Judge Gorsuch now, saying a deal would be seen as capitulation.
“Democrats need to stand firm in this fight and not accept an extreme and ideological nominee now in exchange for hazy promises about the future,” said People for the American Way’s Marge Baker.
Sen. Charles E. Grassley, Iowa Republican and chairman of the Judiciary Committee, shot down any talk of an agreement, saying Democrats don’t have any leverage.
More @ The Washington Times
What the Democrats call "extreme" is, I suppose, the opposite extreme of the arbitrary judicial rule they want where judges set aside the plain wording of the law with their subjective interpretation.
ReplyDelete"The true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law." --Thomas Jefferson to Albert Gallatin, 1808. ME 12:59
"On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed." --Thomas Jefferson to William Johnson, 1823. ME 15:449
"Strained constructions... loosen all the bands of the Constitution." --Thomas Jefferson to George Ticknor, 1817. FE 10:81
"One single object... [will merit] the endless gratitude of society: that of restraining the judges from usurping legislation." --Thomas Jefferson to Edward Livingston, 1825. ME 16:113
I prefer The objective reading of the law as described by Jefferson so that "judges shall be bound thereby" (Article VI, Section 2). --Ron W
Thanks. https://freenorthcarolina.blogspot.com/2017/03/the-greatest-danger-to-american-freedom.html
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