As Senate Democrats barrel towards a filibuster of Judge Neil Gorsuch’s nomination to the Supreme Court, prominent liberal legal commentators and members of his own caucus are urging Senate Minority Leader Chuck Schumer to chart a different course.
Elite legal opinion on the left is certainly not uniform with respect to the Gorsuch filibuster, but it has tended against a filibuster of Gorsuch as a general matter.
Harvard Law School professor Noah Feldman has repeatedly urged Democrats not to filibuster Gorsuch, so as to keep their powder dry for future judicial confirmations.
“It would be wise to save it for a Supreme Court nominee who was truly terrible, rather than using it on a well-qualified nominee,” Feldman wrote in late March.
“Neil Gorsuch is no progressive,” he added. “But liberals could do worse — much worse. And it’s the Senate Democrats’ job to do what they can to reduce the risk of an unqualified, radical Trump nominee in the future.” (Read more from “Many Liberal Legal Experts Think a Gorsuch Filibuster Is a Terrible Idea” HERE)