Government
Apr. 10, 2017
Nothing was lost with confirmation filibuster
Senate Democrats did not filibuster Judge Neil Gorsuch to stop his confirmation - they did it to express a protest message that would please and energize their constituents.
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).
Senate Democrats did not filibuster Judge Neil Gorsuch because they thought they could stop his confirmation - they did it to express a protest message that they think will please and energize their constituents. They realize that even though they triggered the nuclear option and the elimination of the filibuster for future Supreme Court nominations, they had little to lose. The filibuster never has mattered in Supreme Court confirmation fights, and it was unlikely to make any difference i...
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