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With the Supreme Court confirmation hearing of Neil M. Gorsuch less than two weeks away, liberal activists are alarmed not only at the prospect of his lifetime appointment to the court, but at what they see as muted opposition from Senate Democrats.

We are not hearing from them the intensity that we are hearing from the grass roots, said Ilyse Hogue, president of NARAL Pro-Choice America, the organizer of a recent letter from 11 progressive groups urging Democrats to step it up. The grass roots really understands this is a do-or-die nomination.

The tough criticism from the left underscores the Democrats difficult position. They need to keep their agitated and highly motivated base satisfied while not appearing to dismiss Gorsuch, who has impressed members of both parties during private meetings, strictly out of political spite for the way Republicans stonewalled President Barack Obamas nomination of Merrick B. Garland.

In the past few days, Democrats have sought to show more organized resistance in advance of the coming confirmation showdown on March 20. They say the Gorsuch nomination, a topic that would capture attention in Washington just days before a hearing, is being overshadowed by the political upheaval accompanying President Donald Trumps occupancy of the White House.

I think there is a lot going on that makes it very hard to look at anything that theyre doing, said Sen. Patty Murray of Washington, the No. 3-ranking Senate Democrat, who said the Trump White House was following a hide the ball strategy. And this is a serious nomination that should take serious consideration because this nominee would end up on this court for a very long time.

She joined two fellow Democratic senators and advocates for labor, disabled people and the education community this week to try to highlight what they viewed as anti-worker opinions by Gorsuch that they said should disqualify him from the court. On Monday, Sen. Richard Blumenthal, D-Conn., called on conservative groups that helped compile a list of Supreme Court candidates for consideration by Trump to release any communications they had with Gorsuch or the Trump team about his consideration and selection.

Hogue said those developments were welcome signs of life from Democrats. We need to see more of that so that people know that Democrats have their back, she said.

Consideration of a Supreme Court nominee is typically a major set piece in the running Washington drama, attracting substantial attention in the lead-up to the hearing as supporters and opponents hone their arguments and dig in on research to identify fertile areas for inquiry in the confirmation hearing itself. But this has been an unusual situation, with the nomination coming at the very start of a new presidency because Republicans prevented Obama from filling the vacancy last year.

The timing has meant that the attention of Democrats has been divided as they devoted substantial time and resources to failed attempts to derail Trump Cabinet nominees. They have also been occupied battling the new administration on multiple other fronts such as the repeal of the health care law, the presidents executive order on immigration and demands for an independent inquiry into Russian meddling in the 2016 election.

At the same time, Democrats have emerged from one-on-one meetings with Gorsuch praising his intellect and demeanor, though some have said he failed to provide persuasive answers on basic constitutional issues.

The situation was worrying enough to Gorsuch opponents on the left to provoke a chastising letter to Senate Democrats. Democrats have failed to demonstrate a strong, unified resistance to this nominee despite the fact that he is an ultraconservative jurist who will undermine our basic freedoms and threaten the independence of the federal judiciary, the 11 groups wrote. We need you to do better.

The letter also followed a sense among progressives that Democratic members of the Judiciary Committee who will consider the Gorsuch nomination had not been aggressive enough in their treatment of Jeff Sessions, their former Republican colleague, during his confirmation hearing for attorney general a hearing some viewed as a test run for a Supreme Court fight.

Sen. Jeff Merkley, D-Ore., who joined Murray at Tuesdays news conference, said the progressive groups were right to try to stir him and his colleagues to action.

I think they are doing exactly what they should be doing, he said. We have to pivot and really focus on this Supreme Court nomination.

Other Democrats say Gorsuch will struggle to win the eight Democratic votes he would require to be assured of overcoming a filibuster. They believe the hearing will stiffen the party resolve, particularly if he is not more forthcoming with answers about how he views the role of an independent judiciary in standing against the presidency.

They remain worried that Senate Republicans would respond to a filibuster by changing Senate procedure to allow a Supreme Court nominee to move ahead on a simple majority vote. Sen. Mitch McConnell, R-Ky., the majority leader, has made clear he is willing to do so if necessary, and other Republicans say the votes are there to make the change. Trump has also supported that idea.

Hogue said Democrats cannot become consumed with such political math when their constituents are demanding a hard line.

The chips will fall where they may, she said about a potential rules change, predicting it would prove politically unpopular.

More crucial to her and fellow progressives at the moment is what they see as a lack of commitment among Senate Democrats to stand against Gorsuch.

Link:
Activists urge Democrats to step up resistance to Gorsuch nomination - MyPalmBeachPost