If I was a US Senator, here’s what I would do about the nomination of Neil Gorsuch to the Supreme Court, Democrats filibustering his vote, and the possibility of rule changes.
First, I’d let Gorsuch’s nomination fail. If it took a filibuster by the Democrats to kill it, so be it. After what Senate Majority Leader Mitch McConnell and Judiciary Committee chairman Chuck Grassley did to Merrick Garland’s nomination, the Democrats have a right to their pound of flesh. They’ve earned it. They deserve it. And if it takes a filibuster against Gorsuch to give them their pound of flesh, so be it.
Second, I’d tell Donald that I was going to let Democrats have their pound of flesh and to get his second choice option ready to submit, because he is going to need his backup nominee.
Third, I’d vote against a rules change for Supreme Court Justices. A lifetime appointment to the Supreme Court is too important to allow a mere majority of Senators to effect that level of change.
Fourth, I’d put the Democrats on notice that, now they’d had their pound of flesh, the next nominee needed to be seriously considered and not filibustered.
And finally, I’d introduce a bill to amend the Constitution to change the appointment term of a Supreme Court Justice from a lifetime to somewhere between 12 and 20 years. I might consider adding a minimum age for Justices as well. Because when the Constitution was written, a lifetime was a lot shorter than it is today, and the law is complicated enough now that it takes longer to become a true expert in it.
But then again, I’m a generally reasonable person. Unlike Senators McConnell and Grassley. And my reasonableness is part of why I’d never be elected to the US Senate.