The U.S. constitution specifies that when there is an opening on the Supreme Court, it is the president’s responsibility to nominate a replacement and the senate’s responsibility to “advise and consent” — that is, to hold hearings and then vote to either affirm or reject that nominee.

On Feb. 13, 2016, Justice Antonin Scalia died, creating an opening on the Supreme Court. President Obama upheld his responsibility by nominating a distinguished judge, Merrick Garland, to fill the vacant position. The Republican-controlled Senate, however, refused to uphold its constitutional responsibility to advise and consent.

They refused to hold hearings and they refused to vote to either affirm or reject Judge Garland.

Now President Trump has nominated Judge Neil Gorsuch to fill that Supreme Court opening. What should Democratic senators do?

“To filibuster or not to filibuster, that is the question.” All Democratic senators must ask this question and in the end the answer must be a unanimous “yes.”

There should be tough questioning in judicial committee hearings on all of Judge Gorsuch’s positions, especially those pertaining to First Amendment rights (commitment to freedom of the press, protecting the rights of people of all faiths or no faith, and protection of LGBT rights), civil rights, and voter rights.

Then, when full vetting has taken place, Democrats must filibuster to force a 60 percent vote on this nominee.

This course of action follows standard Senate rules, unlike the egregious manner in which the Republican leadership ignored Obama’s nominee. McConnell and his Republican allies rejected Judge Merrick Garland without so much as a Judicial Committee hearing, and essentially stole this appointment.

Our country deserves a 60-vote threshold for approving this Supreme Court nominee. If Neil Gorsuch can get 60 votes, he should be approved. If not, he should be rejected.

 

MELISSA CLAPPER

Benton Harbor