U.S. Supreme Court,
Government,
Constitutional Law
Feb. 7, 2017
Should Democrats filibuster Gorsuch?
To filibuster or not to filibuster -- that is the question. One constitutional law professor votes a resounding yes, even if it ultimately fails.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Neil Gorsuch likely is every bit as conservative as Robert Bork, who was rightly rejected by the Senate in 1987 for having views outside of the judicial mainstream. If Robert Bork had been confirmed rather than Anthony Kennedy, there is no doubt that Roe v. Wade would have been overruled, affirmative action would have been ended, and there would be no constitutional right to marriage equality.
The case for rejecting Gorsuch as likewise being out of the judicial mainstream is...
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