Gorsuch fight ‘bad omen’ of battles ahead

WASHINGTON — The tradition of Senate cooperation and consensus gave way to the forces of partisanship and political opportunism yesterday. Again. It’s a bad omen for what lies ahead as the divisive rancor of Washington seems to only get worse.

Neil Gorsuch is a well- qualified candidate for the U. S. Supreme Court, and there is no non- political reason for him not to be confirmed. Merrick Garland was equally as qualified and should have won confirmation. But the nasty business of politics tainted both of their nominations and cost one of them a seat on the court. In the process, members of the Senate scorched the earth to the point that things can only get worse.

By eliminating the filibuster on Supreme Court nominees yesterday, Senate Majority Leader Mitch McConnell and Senate Republicans have destroyed any incentive for presidents to select high court candidates who are not only qualified and worthy, but who will receive broad support from lawmakers.

Given that the judiciary branch was designed to be above the backbiting business of politics, and that its judges and justices have lifetime tenure, the 60- vote threshold to advance judicial nominees has long incentivized presidents to seek consensus candidates for the federal courts.

But in recent years, the careful consideration of whether a judicial nominee understands the rule of law and constitutional construction has given way to rancorous political fights over which party’s president gets to make the nomination — and ultimately shape the court’s ideology.

Of course McConnell didn’t do this alone — there is plenty of blame to go around for both parties. Former Majority Leader Harry Reid lit the torch when he triggered the nuclear option in 2013 for all non- Supreme Court judicial nominees.

But McConnell picked it up and ran with it last year by blocking Garland from even getting a hearing for reasons that were, by his own admission, purely political. Democrats fired back this week, filibustering Gorsuch as much out of retaliation for Garland as anything else. Yesterday, McConnell just set the whole process on fire to get the win — a Republican- nominated justice. The GOP won the power grab. For now.

But it won’t feel like a victory if President Trump’s next high court pick is, ideology aside, wholly unqualified for the job. And the next time Democrats are in control of the White House and Senate, there’s no questions the GOP will feel regret. If only they had considered that first.