Sunday Morning Quarterbacking: The Kavanaugh Edition

It’s all about Sunday morning quarterbacking, isn’t it?

(Photo Credit: Getty /Images)

Optics for Republicans

Trump wins… on several fronts: his nominee has been confirmed; the GOP rallied behind his nominee and thus by absentia, the party rallied behind Trump, just four weeks before the midterm elections.

McConnell, again, looks like a master tactician and legislator… Henry Clay, Sam Rayburn, Lyndon Johnson, Tip O’Neill, Newt Gingrich, and Mitch McConnell?

See:

https://www.senate.gov/artandhistory/history/common/briefing/Famous_Five_Seven.htm

In Nevada, in perhaps one of the most closely watched Senate races, Democratic Congresswoman Jacky Rosen is now leading Republican incumbent Dean Heller in the polls:

  • CNN* 9/25 – 9/29 693 LV 4.6 47 43 Rosen +4
  • Gravis 9/11 – 9/12 700 LV 3.7 47 45 Rosen +2
  • Suffolk* 9/5 – 9/10 500 LV 4.4 42 41 Rosen +1

[Of course, that makes me wonder why Heller wasn’t invited into the meetings with Collins, Murkowski, and Flake; or why he wasn’t more targeted by the liberal media, activists, and Senators. Heller is hardly the most conservative and ideological member of the GOP Caucus: according to Senate Report Cards, Heller is the 36th most conservative U.S. Senator out of a possible 52/53 (the ranking was conducted before Sen. McCain’s death; McCain was ranked 45th).]

To Democrats, Mitch McConnell’s insistence on a procedural vote on Friday 10/5/18 and his pre-announcement of that vote before the supplemental FBI investigation was even concluded, smacks of political disdain for the investigatory process and a rush to judgment (after all, the final vote was essentially a straight party vote).

To Republicans, Brett Kavanaugh is a victim of slander, liberal conspiracies, and collusion between the female accusers… Each incident seemingly brought to light at the last possible moment in an apparent and orchestrated attempt to slow down the process to get the final floor vote closer and closer to the November midterms. Yet, in terms of optics, the all White-Male Republican members of the U.S. Senate Judiciary Committee voted to send the nomination of a fellow White-Male to the floor for a full vote. It looks like almost everything Republican have accused Democrats of regarding race warfare and identity politics.

Optics for Democrats

The Democrats look bipolar at best:

First and foremost, the Senate Democrats lost. In particular, Diane Feinstein (CA-D) seems to have lost political points with her GOP colleagues. [And soon-to-be Governor Garvin Newsom is waiting in the wings; he needs Feinstein to hang on, just a little bit longer before he runs for her (lifetime) seat.]

I don’t remember the Senate Democrats fighting for Merrick Garland this aggressively? But, of course, most pundits thought the Hillary Clinton would become the 45th U.S. President so that the fight wasn’t necessarily worth the Senate Democrats’ political capital.

Nor do I remember the Senate Democrats attacking Neil Gorsuch this aggressively? Of course, Gorsuch’s nomination didn’t change the net math of the political alignment of the U.S. Supreme Court, and the Gorsuch nomination process occurred 15 months before Kavanaugh’s nomination process began, almost 19 months before the next election.

Which brings me to my next point: There are two ways to interpret the political theater of the past month or so, and the two lenses are not necessarily mutually exclusive.

First, there is the moral line of thinking. As mentioned in the previous commentary on the Kavanaugh nomination, three successful career-driven women accused Kavanaugh of various sexual inappropriateness, from attempted rape to sexual harassment.

Secondly, there is the political line of thinking. Democrats can be political and moral, just as easily as either party can be political and immoral.

To Democrats, this is an example of why Gorsuch was treated differently; no allegations were made against Justice Gorsuch, whereas allegations were made against Kavanaugh. “Where there’s smoke, there’s fire” argument necessitated further hearings and, at the insistence of Republican Jeff Flake of Arizona, a supplementary FBI investigation.

[To Republicans, the Kavanaugh nomination was treated differently because of the calendar. Each incident seemingly brought to light at the last possible moment in an apparent and orchestrated attempt to slow down the process to get the final floor vote closer and closer to the November midterms.]

There is a Difference between Partisanship and Political Ideology

Of course, the partisan division of the Senate is 51-47(2), so within the context of the exercised nuclear option in 2017 and party cohesion, the Democrats were always going to lose. A lot of their political strategy was based upon the new Gang of Six and the tightness of the calendar.

But disturbing to me was the rhetoric from Republican Senators and the President that identifying the allegations, calls for supplementary hearings, and supplemental investigations… Senate Republicans and the Trump Administration blamed it all on “The Democrats.” I don’t remember the same ire being directed at the Republican members of the Gang of Six?

Even more disturbing, was Justice Kavanaugh’s usage of the phrase, “The Democrats.”

As I said in earlier podcast, this nomination was always about the new (temporary) Gang of Six: Susan Collins (ME-R), Lisa Murkowski (AK-R), and Jeff Flake (AZ-R), and to a lesser extent, Joe Manchin (WV-D), Heidi Heitkamp (ND-D), Joe Donnelly (IN-D). [And, the Gang of Six, didn’t invite Donnelly or Heitkamp to that secret meeting last week, did they?] Heitkamp is likely going down in the November election, Manchin may save his seat, but leave many wondering, why he is a Democrat again? Essentially Manchin and Murkowski swapped votes; the Kavanaugh confirmation belongs to Susan Collins (ME-R).

And, again, in Nevada, in perhaps one of the most closely watched Senate races, Democratic Congresswoman Jacky Rosen is now leading Republican incumbent Dean Heller in the polls. Why was this not more of an issue in the Kavanaugh proceedings?

The Future of Brett Kavanaugh

Pyrrhic victory? For many Democrats, he is now forever tainted. He is the Clarence Thomas of the 21st century. Does he, Kavanaugh, care? Does he attempt a remake of his image? Or does Kavanaugh, as Bethany Mandel (editor of Ricochet) suggests, become more radicalized himself in terms of cases of due process and the presumption of innocence?

In my Op-Ed in the Providence Journal on July 26, 2018, I definitively stated that Kavanaugh was qualified to be confirmed as an Associate Justice of the United States Supreme Court. I firmly believe the President of the United States has the right to nominate his person to the Court. Barack Obama had that right, and Donald Trump has that right too. But that was before the sexual accusations and the apparent perjury before the U.S. Senate Judiciary Committee, as well as the woefully inappropriate display of temperament, particularly toward Amy Klobuchar (MI-D) and Sheldon Whitehouse (RI-D).

Even more disturbing than the rhetoric from President Trump and many Republican Senators who used the phrase “The Democrats” as a swear and explain-it-all for all the evils in the Universe, however, was Justice Kavanaugh’s usage of the phrase, “The Democrats.” The veil of judicial apolitical independence and nonpartisan neutrality continues to be shredded.

The Future of the US Supreme Court

Sad and partisan… Pathetic. This is the ugliness of the so-called nuclear option which both parties had been threatening for years… 

Specifically, the political mess of the Kavanaugh Nomination was created on April 7, 2017, when the Republican-led U.S. Senate exercised the “nuclear option” but its roots lay in the blocking of Merrick Garland’s nomination to the Supreme Court. That’s a fact, not ideological blame. [Neither party is innocent: Majority Leader Mike Mansfield (MT-D) eliminated the ability to halt all proceedings with the introduction of the “two-track system” and, in 1975,  Mansfield revised the Senate cloture rule so that three-fifths of sworn senators (60 votes out of 100) could limit debate, except for changing Senate rules which still requires a two-thirds majority of those present and voting to invoke cloture. On January 25, 2013, Harry Reid (NV-D) changed the Senate rules to prohibit a filibuster on a motion to begin consideration of a bill. No, neither party is innocent, but the GOP desperation to hold on to a 5-4 majority in terms of Merrick Garland, and the even more eager, gluttonous desire to move the court to a solid 5-4 regardless of the cost is the most acute reason that we’ve arrived at this point. In the past three decades, there have only been two nominations which were confirmed by a Senate Majority of the opposite party:

  1. In 1990, the Democrat-led Senate Judiciary Committee reported Republican-nominated Souter out the committee by a vote of 14–3, the Senate confirmed the nomination by a vote of 90–9.
  2. 106. In the 1991 Thomas’ confirmation process, the Democrat-led Judiciary Committee split 7–7 on September 27, sending the nomination to the full Senate without a recommendation. Republican-nominated Thomas was confirmed by a 52–48 vote by the Democrat-controlled US Senate on October 15, 1991, the narrowest margin for approval in more than a century. The final floor vote was: 41 Republicans and 11 Democrats voted to confirm while 46 Democrats and two Republicans voted to reject the nomination.

Both times Democrats confirmed Republican nominees and, in the case of one of those nominations, it could have been filibustered but was not. This is what fuels Democrat ire and accusations of hypocrisy. 

In my podcast on September 15, 2018, I think I made the point, though it is worth reiterating: Eleven justices have been appointed to the U.S. Supreme Court since O’Connor, with a twelfth confirmation and appointment imminent: Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, RBG, Stephen Breyer, John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch. Confirmations used to be more unanimous with the exception of Clarance Thomas.

It is also worth noting, that only from 2009–2011 in the 111th Congress did either party have a super-majority. In most other years, the U.S. Senate was split roughly 50-50, plus or minus two to 5 seats. What has happened? We have increasingly politicized the Court, we have nominated more and more ideological candidates to the U.S. Supreme Court instead of nominating people, we’re nominating party. A return to civility in SCOTUS nominations is long overdue.

And the 2018 Midterm Elections

Which is the excited political base(s): The party with the momentum is usually hurt the most in the impending election.

Is it the Blue Wave that cometh?

Or is the upcoming wave For the GOP? By Bryan Dean Wright | Fox News

For Dems or Gop? by Alex Seitz-Wald and Benjy Sarlin

The Recap in Rhetoric

Look at the language: the language from Trump, Kavanaugh, and McConnell was about “Democrats,” Democrats,” and “Democrats.” This was never about “The Democrats,” yet the Right has continuously framed it about the so-called “Democrats” for political expediency.

The Recap in Politics

The vote on Saturday was 50 GOP in favor (with the noted absence of proud father Steve Daines), 1 GOP against, and one Democrat in favor. Straight party blindness on both sides.

This process, ever since the announcement of Anthony Kennedy’s decision to take senior status, was always about the (temporary) new Gang of Six: Susan Collins (ME-R), Lisa Murkowski (AK-R), and Jeff Flake (AZ-R), and to a lesser extent, Joe Manchin (WV-D), Heidi Heitkamp (ND-D), Joe Donnelly (IN-D). Really it was about the Gang of Four of Susan Collins (ME-R), Lisa Murkowski (AK-R), and Jeff Flake (AZ-R), and Joe Manchin (WV-D). ANd, if you really want to tighten it further, it was always about the two pro-choice Republican women: Susan Collins (ME-R) and Lisa Murkowski (AK-R).

Negative Societal Effects (and hopefully a few positive societal effects as well)

The neotribalism of politics continues… tell me, how many Republicans do you know who believe the accusations against Brett Kavanaugh, or think his apparent perjury regarding alcohol? How many Democrats do you know who believe Brett Kavanaugh is innocent of all the allegations against him and is a victim of partisan games and revenge tactics? Exactly…

Then there is the racial or social status aspect to the debate; if students of all-male Catholic prep schools are just kids and, “boys will be boys” then why do we charge young minority children -or any children- as adults for crimes those children commit?

Then there is the gender aspect of the debate. Honestly, one of the more reassuring details (though to many it seems like a possible hypocritical detail) is that Brett Kavanaugh is the father of two young girls, Liza and Margaret Kavanaugh.

While this is unfair, I really have trouble listening to defenses of Kavanaugh by anyone who doesn’t have daughters, especially men without daughters. As my good friend Dana, oh, let’s call her DKD. DKD, a conservative woman with a daughter and a son said to me recently, “As a mother, it scares the s*** out of me that any girl can come forward and make an accusation like that that makes a boy guilty before proven innocent.”

That’s a real concern. How do we protect the women in our lives from predatory males, how do we educate our boys not be predatory males, how do we encourage women who are assaulted to speak up, while at the same time, protect males from fraudulent allegations? My greatest hope was so eloquently written and spoke by Monica Hesse of the Washington Post. 

I don’t have the answer to all those questions, but those are the questions we should all be asking right now, regardless of political ideology. And those questions must be asked collectively, or the questions become a reflection of neotribalistic bias, in this case, gender bias or at least gender preference. [Off the top of my head, the only issue of similar complexity, in my opinion, is the question of male paternity rights in the face of a woman’s right to terminate a pregnancy.]

[DKD also asked rhetorically: “As an employer, do I not hire women because it may be ‘risky’ and expose the business to more liability?” But that’s another discussion for another podcast.]

What are we to believe? Who are we to believe?

We will never know the truth about the sexual allegations against Brett Kavanaugh. And it will take a career on the Supreme Court to completely understand his ideology. As I concluded in the July Op-Ed, “Who is the real Brett Kavanaugh? We’ll just have to wait until he’s been confirmed and begins his tenure. Ultimately, we won’t really know until he’s been on the court for 30 years — like his old boss, Anthony Kennedy.

 

Kavanaugh v. Ford et al.

(Photo Credit: Getty Images)

So… apparently, there was something going on in Washington today?

Any surprises? No… Did we learn anything new? Not really… a minor thing, we learned that Rachel Mitchell was in contact with the Majority Staff of the U.S. Senate Judiciary Committee last week, and not just a couple of days ago as had been implied… but that’s about it, and that’s relatively minor. So what’s going on? What are we to believe?

Facts:

  • So, many people -good people- are asking what the facts are. Less inquisitive people are conversely more partisan and presume to know the facts already of course. But, no, I don’t think any of us know the facts or will ever know the facts. These are the facts, and they are indisputable:
  • The fact is that Dr. Christine Blasely Ford has accused Brett Kavanaugh of sexual assault.
  • The fact is the allegation is from 36 years ago.
  •  Her details about the party are fuzzy, but her details of the alleged assault are specific.
  • The fact is that Brett Kavanaugh has categorically denied the allegation.
  • The fact is that Brett Kavanaugh’s submission to his high school yearbook implies a conquest of women mentality.
  • The fact is that the other person named as being present, Mark Judge has categorically denied the allegation.
  • The fact is that Mark Judge wrote a book about his cavalier and brazen childhood that seems to corroborate the type of party that Dr. Ford describes.
  • The fact is that Brett Kavanaugh has admitted to underage drinking and partying. This has been dismissed by sympathetic media under the disclaimer of ‘everybody does it.’
  • The fact is that Dr. Ford told a therapist of the alleged assault years ago before Brett Kavanaugh was a Supreme Court nominee.
  • The fact is that the relative location of the party, as described by Dr. Ford, is not near the residences of either Dr. Ford or Judge Kavanaugh.
  • The fact is that Dr. Ford has taken a polygraph, administered by a former member of the FBI.
  • The fact is that Brett Kavanaugh has been screened by the FBI six times in his career.
  • The act is that there are at least 6 Levels of FBI background-checks and that not all background checks are equal.
  • The fact is that Dr. Christine Blasely Ford is a registered Democrat.
  • The fact is that Dr. Christine Blasely Ford has put her reputation, anonymity, and (to a degree) her career on the line.
  • The fact is that Judge Kavanaugh is still a U.S. Circuit Judge on the D.C. Circuit Court, regardless of the outcome of the U.S. Senate vote.
  • The fact is that, as Judge Kavanaugh stated today, no allegations were raised in her earlier and very public career.
  • The fact is that the appointment to the U.S. Supreme Court is unlike any other position with the exception of President of the United States.

Optics:

Factual optics

  • If I’m sympathetic to Dr. Ford, I came out of the hearing finding her believable and a sympathetic heroine.
  • I’m adverse to believing Dr. Ford; I came out of the hearing finding her gaps in recollection -of even things within the past two months, to be troubling.
  • If I’m sympathetic to Judge Kavanaugh, I came out of the hearing finding him believable and tragic hero.
  • I’m adverse to believing Judge Kavanaugh; I came out of the hearing finding his absolute denials to be, well just a bit too absolute considering the multiple circumstantial accusations.

Partisan Optics

  • If I’m sympathetic to Dr. Ford, I found the line of questioning by Rachel Mitchell to be a pathetic avoidance of responsibility by the 11 White Men of the Republican majority in the face of the Democratic minority which includes four women.
  • If I’m sympathetic to Judge Kavanaugh, I found the line of questioning by Rachel Mitchell to be an extension of incredible courtesy to a woman alleging sexual assault by a man.
  • If I’m sympathetic to Dr. Ford, I’m wondering why a prosecutor was brought in to ask questions, and I’m wondering why the same prosecutor didn’t question Judge Kavanaugh.
  • If I’m sympathetic to Judge Kavanaugh, I’m wondering why Senator Feinstein had information about Dr. Ford’s allegation and did not inform the full Judiciary Committee immediately.
  • If I’m sympathetic to Judge Kavanaugh, I thought his anecdote about his daughter’s prayers was moving. If I’m sympathetic to Dr. Ford, I believe that is an example of pathos, not ethos or logos.
  • If I’m sympathetic to Dr. Ford, I believe Kavanaugh’s point-by-point refutation of the allegations to Senator Kennedy at the end of the hearing like ‘lawyerese’ and a guilty man’s argument. If I’m sympathetic to Judge Kavanaugh, I thought his point by point response to Senator Kennedy was total and encompassing, sworn before God and Country.

Concluding facts:

The fact is that the appointment to the U.S. Supreme Court is unlike any other position with the exception of President of the United States.

  • Tom Eagleton was a successful US Senator, MO State Attorney-General, and Lt. Governor of MO, but when considered for to be the nominee for Vice President of the United States, his use of electrotherapy to combat depression became public, and he withdrew his nomination.
  • Zoe Baird was a successful lawyer, worked as Attorney-Advisor at the Office of Legal Counsel at the U.S. Department of Justice from 1979 to 1980 and was Associate Counsel to President of the United States Jimmy Carter from 1980 to 1981. Baird had very high profile positions, just as Kavanaugh had as a lawyer in the Ken Starr investigation and later Staff Secretary in the Bush White House. Yet, after being nominated to be US Attorney-General, it came out that Baird had hired illegal immigrants and failed to pay taxes.
  • President George W. Bush nominated well-known and highly regarded Bernard Kerik to become United States Secretary of Homeland Security, but Kerik withdrew from the nomination, after acknowledging that he had unknowingly hired an undocumented worker as a nanny and housekeeper.
  • No one accused U.S. Senator Tom Daschle of misconduct for his 18 years in the Senate, but after his nomination to be HHS Secretary in the Obama Administration, Daschle’s’ failure to report and pay income taxes accurately became known, and he withdrew his nomination.
  • And the list goes on and on… Kimba Wood, Bobby Ray Inman, Hershel W. Gober, Linda Chavez, Andrew Puzder, Ronny Jackson

The fact is that scandals break no matter how many times a candidate or nominee has already been vetted as the candidate or nominee is elevated higher and higher. The argument that Kavanaugh had already been vetted is not a reasonable argument.

I want to make it clear; in my Op-Ed in the Providence Journal July 26, 2018, I definitively stated that Kavanaugh was qualified to be confirmed as an Associate Justice of the United States Supreme Court. I firmly believe the President of the United States has the right to nominate his person to the Court. Barack Obama had that right, and Donald Trump has that right too.

At this point, however, there is too much of a cloud of suspicion. Kavanaugh ought not be confirmed to the Court at this point. Either a full deep FBI investigation should be authorized, and the vote on confirmation in committee and certainly on the floor of the Senate should be postponed, or the nomination should be withdrawn. I do not recall any accusations against Associate Justice Neil Gorsuch during his nomination process, and that seat would have changed the balance of power in the US Supreme Court. The argument that this is merely a smear campaign or Democrats seeking their pound of flesh is illogical. Is there a political angle to these events, absolutely, just as there was a political angle to the Senate Republicans block of the Merrick Garland nomination. Democratic partisanship does not necessarily mean that Brett Kavanaugh is innocent. The Democrats can be playing partisan games, and Judge Kavanaugh may be guilty of some wrongdoing; the two are not mutually exclusive. The Supreme Court is a privileged, not a right.

The Democratic strategy is not without risks; a different nominee might be another Samuel Alito, not a Harriet Miers. A withdrawal may be an ideological loss for the Republicans as well. A different nominee may be, ironically, another Anthony Kennedy and not a Robert Bork. As I concluded in my Op-Ed, “So, who is the real Brett Kavanaugh?” Well, after the confirmation hearings and today’s extended hearings, I’m not sure any objective person knows. I’m not sure we will ever know. Do we want doubts around another member of the Supreme Court? I’m not comfortable with another Clarence Thomas – Anita Hill situation. I’m not comfortable with 11 men pushing through the confirmation of a man, nominated by a man to fill the seat of a man. The optics and lingering doubts are too much for me, though I do believe that President Trump has the right to nominate a conservative to the Supreme Court of the United States.

 

A Return to Civility in SCOTUS Nominations is Long Overdue

(Photo: Public Domain, Library of Congress)

On this day, September 15, 1981, The Republican-led Senate Judiciary Committee unanimously approved Republican-nominated Sandra Day O’Connor to become the first female justice of the Supreme Court of the United States. A few days later, on September 21st, O’Connor was confirmed by the U.S. Senate with a vote of 99–0. (According to Rebecca Loew, Senator Max Baucus of Montana was absent from the vote, and sent O’Connor a copy of A River Runs Through It as an apology. O’Connor became the 102nd Associate Justice of the U.S. Supreme Court.)

Since then, eleven justices have been appointed to the U.S. Supreme Court, with a twelfth confirmation and appointment imminent: Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, RBG, Stephen Breyer, John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch.

103. The Republican-led Senate Judiciary Committee reported Republican-nominated Scalia unanimously out of committee. The full Senate debated Scalia’s nomination only briefly, confirming him 98–0 on September 17, 1986.

104. The Republican-led U.S. Senate confirmed Republican-nominated Kennedy on February 3, 1988, by a vote of 97 to 0. Absent from the vote were three Democrats: Paul Simon and Al Gore who were campaigning for the Democratic nomination for US President and Joe Biden who was sick.

105. In 1990, the Democrat-led Senate Judiciary Committee reported Republican-nominated Souter out the committee by a vote of 14–3, the Senate confirmed the nomination by a vote of 90–9.

106. In the 1991 Thomas’ confirmation process, the Democrat-led Judiciary Committee split 7–7 on September 27, sending the nomination to the full Senate without a recommendation. Republican-nominated Thomas was confirmed by a 52–48 vote by the Democrat-controlled US Senate on October 15, 1991, the narrowest margin for approval in more than a century. The final floor vote was: 41 Republicans and 11 Democrats voted to confirm while 46 Democrats and two Republicans voted to reject the nomination.

107. The Democrat-led United States Senate confirmed Democrat-nominated RBG by a 96 to 3 vote on August 3, 1993.

108. Democrat-nominated Breyer was confirmed by the Democrat-controlled US Senate on July 29, 1994, by an 87 to 9 vote.

109. On September 22, 2005, the Republican-controlled Senate Judiciary Committee approved Republican-nominated John Roberts’s nomination by a vote of 13–5, with Senators Ted Kennedy, Richard Durbin, Charles Schumer, Joe Biden and Dianne Feinstein casting the dissenting votes. Roberts was confirmed by the full Senate on September 29 by a margin of 78–22. All Republicans and the one Independent voted for Roberts; the Democrats split evenly, 22–22. Roberts was confirmed by what was, historically, a narrow margin for a Supreme Court justice. However, all subsequent confirmation votes have been even narrower.

110. In 2005, Republican-nominated Samuel Alito was reported out of the Republican-led Senate Judiciary Committee on a 10–8 party-line vote. After a failed filibuster attempt by MA Senator John Kerry, on January 31, the Senate confirmed Alito to the Supreme Court by a vote of 58–42, with four Democratic senators voting for confirmation and one Republican and an Independent voting against.

111. On July 28, 2009, the Democrat-led Senate Judiciary Committee approved Democrat-nominated Sotomayor; the 13–6 vote was almost entirely along party lines, with no Democrats opposing her and only one Republican supporting her. On August 6, 2009, Sotomayor was confirmed by the full Senate by a vote of 68–31. The vote was largely along party lines, with no Democrats opposing her and nine Republicans supporting her.

112. On July 20, 2010, the Democrat-led Senate Judiciary Committee voted 13–6 to recommend Kagan’s confirmation to the Democrat-led US Senate. On August 5th the full Senate confirmed her nomination by a vote of 63–37. The voting was largely on party lines, with five Republicans (Richard Lugar, Judd Gregg, Lindsey Graham, Susan Collins, and Olympia Snowe) supporting her and one Democrat (Ben Nelson) opposing.

113. On April 3, 2017, the Senate Judiciary Committee approved the Republican-nominated Gorsuch nomination out of committee along a party-line vote of 11–9. On April 6, 2017, Senate Democrats filibustered the confirmation vote of Gorsuch, after which the Republicans invoked the so-called “nuclear option”, allowing a filibuster of a Supreme Court nominee to be broken by a simple majority vote. On April 7, 2017, the Republican-led US Senate confirmed Gorsuch’s nomination to the Supreme Court by a 54–45 vote, with three Democrats joining all the Republicans in attendance.

It is worth noting, that only from 2009–2011 in the 111th Congress did either party have a super-majority. In most other years, the U.S. Senate was split roughly 50-50, plus or minus two to 5 seats.

What has happened? We have increasingly politicized the Court, we have nominated more and more ideological candidates to the U.S. Supreme Court instead of nominating people, we’re nominating party. A return to civility in SCOTUS nominations is long overdue.