Fighting Gorsuch is hopeless. Democrats should do it anyway. – Washington Post
Senate Democrats should use any and all means, including the filibuster, to block confirmation of President Trumps Supreme Court nominee. They will almost surely fail. But sometimes you have to lose a battle to win a war.
This is purely about politics. Republicans hold the presidency, majorities in the House and Senate, 33 governorships and control of the legislatures in 32 states. If the Democratic Party is going to become relevant again outside of its coastal redoubts, it has to start winning some elections and turning the other cheek on this court fight is not the way to begin.
Trumps pick, Judge Neil Gorsuch , has the rsum required of a Supreme Court justice. But so did Judge Merrick Garland, President Barack Obamas last nominee, to whom Senate Republicans would not even extend the courtesy of a hearing, let alone a vote. Majority Leader Mitch McConnell (R-Ky.) left the late Antonin Scalias seat open for nearly a year to keep Obama from filling it. That, too, was purely about politics.
Im not counseling eye-for-an-eye revenge. Im advising Democrats to consider what course of action is most likely to improve their chances of making gains in 2018, at both the state and national levels.
The partys progressive base is angry and mobilized. Many Democrats are convinced that FBI Director James B. Comey and Russian President Vladimir Putin decided the election. The very idea of a Trump presidency sparked vast, unprecedented demonstrations in Washington and other cities the day after the inauguration.
(Bastien Inzaurralde,Alice Li/The Washington Post)
In the two weeks since, Trump has only piled outrage upon outrage, as far as progressives are concerned. He took the first steps toward building his ridiculous wall along the southern border, but with U.S. taxpayers dollars, not Mexicos. He squelched government experts who work on climate change. He weakened the Affordable Care Act in the hope that it would begin to collapse, which would make it easier for Congress to kill it. He displayed comic ignorance of our history. (Somebody please tell him that Frederick Douglass has been dead since 1895.) He signed executive orders banning entry to citizens of seven Muslim-majority countries and refugees from around the world, an action so appalling that enormous numbers of people gathered at major airports in protest.
And Trump is just getting started. Democrats cannot even limit the damage, let alone reverse it, without more power than they have now.
That is the political context into which the Gorsuch nomination arrives. From my reading of the progressive crowds that have recently taken to the streets, the Democratic base is in no mood to hear about the clubby traditions and courtesies of the Senate. The base is itching for a fight.
The way McConnell, et al. treated the Garland nomination was indeed unforgivable. Senators who fail to remember that will get an earful from their constituents and, potentially, a challenge in the next primary. More importantly, those senators will be passing up a rare political opportunity.
With just 48 votes, all Senate Democrats can do is filibuster, denying McConnell the 60 votes he needs for a final vote on the nomination. In response, McConnell could employ the nuclear option changing the Senate rules to eliminate the filibuster for Supreme Court confirmations. In the end, Gorsuch would be approved anyway.
But I believe Democrats should wage, and lose, this fight. The 60-vote standard looks more and more like an anachronistic holdover from the time when senators prided themselves on putting the nation ahead of ideology. These days, so many votes hew strictly to party lines that it is difficult to get anything done. The Senate is supposed to be deliberative, not paralyzed.
And I cant help thinking back to 2009. Republicans made an all-out effort to stop the Affordable Care Act. Their motives were purely political; some GOP senators railed against policies they had favored in the past. Ultimately, they failed. Obamacare became law.
(Peter Stevenson/The Washington Post)
But this losing battle gave tremendous energy and passion to the tea party movement which propelled Republicans to a sweeping victory in the 2010 midterm election. It is hard not to see an analogous situation on the Democratic side right now.
Democrats cannot stop Gorsuch from being confirmed. But they can hearten and animate the partys base by fighting this nomination tooth and nail, even if it means giving up some of the backslapping comity of the Senate cloakroom. They can inspire grass-roots activists to fight just as hard to win back state legislatures and governorships. They can help make 2018 a Democratic year.
Read more from Eugene Robinsons archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.
Read more:
Fighting Gorsuch is hopeless. Democrats should do it anyway. - Washington Post
- Democrats and activist groups plan to push back if Trump tries to interfere in midterm elections - AP News - September 15th, 2026 [September 15th, 2026]
- House Democrats expand the map and the definition of a Democrat - MS NOW - September 15th, 2026 [September 15th, 2026]
- Pa. Democrats hold shadow hearing to discuss election integrity as legal fight over mail-in ballots wages on - WHYY - September 15th, 2026 [September 15th, 2026]
- Democrats to train tens of thousands to monitor polls amid election interference fears - The Guardian - September 15th, 2026 [September 15th, 2026]
- Is Kansas really in play for Democrats? Republicans are acting like it. - The Washington Post - September 15th, 2026 [September 15th, 2026]
- The Data Dive: Kornacki on the Texas voters giving Democrats hope - NBC News - September 15th, 2026 [September 15th, 2026]
- Exclusive / House Democrats ready oversight of Trumps Balkans policy - Semafor - September 15th, 2026 [September 15th, 2026]
- House Democrats pitch bill to save people from having pay garnished for medical debt - The Guardian - September 15th, 2026 [September 15th, 2026]
- Democrats seek to bar Otzma Yehudit from election as polls show continued deadlock - The Times of Israel - September 15th, 2026 [September 15th, 2026]
- Alabama Democrats have had a few good weeks. But political gravity is tough. - Alabama Reflector - September 15th, 2026 [September 15th, 2026]
- Are Texas Democrats Finally Reaching the Mountaintop? - The New Republic - September 15th, 2026 [September 15th, 2026]
- How Democrats Are Rethinking Election Protection for the 2026 Midterms - usnews.com - September 15th, 2026 [September 15th, 2026]
- Congressional Democrats in Hysterics About Saving the World From AI - The American Prospect - September 15th, 2026 [September 15th, 2026]
- Democrats Ask Court To Force FCC Action In Political Ad Rate Battle. - Insideradio.com - September 15th, 2026 [September 15th, 2026]
- Some Democrats are recalibrating their approach to transgender issues as they seek a path to power - Los Angeles Times - September 15th, 2026 [September 15th, 2026]
- Obama Urges Democrats to Move A.I. Oversight to the Center of Their Agenda - The New York Times - September 13th, 2026 [September 13th, 2026]
- CBS News Battleground Tracker poll finds Trump motivating both sides, Democrats have edge in seats in fight for House - CBS News - September 13th, 2026 [September 13th, 2026]
- Democrats eye a new tool to hold Trump accountable if they win the House - CNN - September 13th, 2026 [September 13th, 2026]
- We asked dozens of people what they want from Democrats. Heres what they said. - The Washington Post - September 13th, 2026 [September 13th, 2026]
- Democrats shift their mail voting message: From the Politics Desk - NBC News - September 13th, 2026 [September 13th, 2026]
- A wave is building for Democrats. Republicans are building a wall to stop it - CNN - September 13th, 2026 [September 13th, 2026]
- These are the Trump investigations Democrats plan if they win in November - The Washington Post - September 13th, 2026 [September 13th, 2026]
- Andy Shaw: Democrats message for the midterms is hiding in plain sight - Chicago Tribune - September 13th, 2026 [September 13th, 2026]
- Democrats put new emphasis on early and in-person voting amid mail ballot concerns - NBC News - September 13th, 2026 [September 13th, 2026]
- Warmington on how Democrats can retake governor's office | Conversation with the Candidate - WMUR - September 13th, 2026 [September 13th, 2026]
- Instead of a working-class reckoning, Democrats got the DSA | Opinion - USA Today - September 13th, 2026 [September 13th, 2026]
- Cynthia Lummis Says Democrats Got Almost Everything They Asked for in Revised CLARITY Act Now They Need to Vote - Yahoo Finance - September 13th, 2026 [September 13th, 2026]
- All the persuasiveness of a North Korean newscast: Democrats denounce Fetterman video at GOP convention - The Guardian - September 13th, 2026 [September 13th, 2026]
- The Democrats Divide Over Israel Comes to the House Foreign Affairs Committee - Arab Center Washington DC - September 13th, 2026 [September 13th, 2026]
- Sen. John Fetterman's isolation from Democrats grows stark in Pennsylvania - 6abc Philadelphia - September 13th, 2026 [September 13th, 2026]
- Democrats Plan Investigations into Trump Family If They Win House: Media - - September 13th, 2026 [September 13th, 2026]
- If Democrats like Ben Gruber can win in rural areas, the GOP is toast - Daily Kos - September 13th, 2026 [September 13th, 2026]
- Democrats gain ground among Hispanic voters disenchanted with Trump - The Hill - September 13th, 2026 [September 13th, 2026]
- GOP turns to Trump as Democrats expand their target map in midterm sprint - CNN - September 8th, 2026 [September 8th, 2026]
- Veterans and Democrats intensify fight against Trumps planned arch - The Washington Post - September 8th, 2026 [September 8th, 2026]
- Opinion | Democrats have lost Silicon Valley. Here's what it will take to win it back - calmatters.org - September 8th, 2026 [September 8th, 2026]
- Democrats on track to outperform 2026 House forecasts - Brookings - September 8th, 2026 [September 8th, 2026]
- How Republicans and Democrats see their own ideology and their partys - Pew Research Center - September 8th, 2026 [September 8th, 2026]
- Exclusive: Obscure Committee Set To Be at Center of Trump Fight if Democrats Win House - Time Magazine - September 8th, 2026 [September 8th, 2026]
- Here's a look at 'reach' election races where Democrats hope to pull off House upsets - pbs.org - September 8th, 2026 [September 8th, 2026]
- Road to the Capitol - Democrats on the Trail - C-SPAN - September 8th, 2026 [September 8th, 2026]
- WHAT THEYRE SAYING: GOP In Real Trouble and Facing Challenges in Retaining Control as Senate Democrats Compete Even In Red Territory - dscc.org - September 8th, 2026 [September 8th, 2026]
- Democrats need to win. Heres the message our research says works - The Guardian - September 8th, 2026 [September 8th, 2026]
- Democrats promise a big agenda if they win control of Congress, but their unity is being tested - pbs.org - September 8th, 2026 [September 8th, 2026]
- Pritzker, Eyeing 2028, to Help Midterm Democrats With a $20 Million Group - The New York Times - September 8th, 2026 [September 8th, 2026]
- Gavin Newsom on how to beat the GOP: 'Democrats need to grow a backbone' - pbs.org - September 8th, 2026 [September 8th, 2026]
- Smith County Democrats hold grocery drive during RNC convention week - cbs19.tv - September 8th, 2026 [September 8th, 2026]
- The Case for Why Democrats Will Win the Midterms. And the Case for Republicans, Too. - The New York Times - September 8th, 2026 [September 8th, 2026]
- How to Tell if Democrats Are Poised for a Huge Midterm Win - Politico - September 8th, 2026 [September 8th, 2026]
- Democrats try a novel path to defeat a battleground Republican: Moving to the left - The Washington Post - September 8th, 2026 [September 8th, 2026]
- Democrats look to turn data center backlash into votes in the midterm elections - CNN - September 8th, 2026 [September 8th, 2026]
- Are Democrats having a Tea Party moment? I'm not buying it. | Opinion - USA Today - August 11th, 2026 [August 11th, 2026]
- Democrats Are Blaming Each Other Over Minnesotas Welfare Fraud Scandal - wsj.com - August 11th, 2026 [August 11th, 2026]
- Can Democrats still win if socialists take over their party? - The Hill - August 11th, 2026 [August 11th, 2026]
- Moderate Democrats Scramble to Block a Socialist From Winning in Wisconsin - Time Magazine - August 11th, 2026 [August 11th, 2026]
- As Democrats elsewhere squabble among themselves, Kansas voters just want to win - Kansas Reflector - August 11th, 2026 [August 11th, 2026]
- Trump tries new line of attack on Democrats, calling them jihadists - CNN - August 11th, 2026 [August 11th, 2026]
- Crypto Democrats Are Ghosting the Industry - The American Prospect - August 11th, 2026 [August 11th, 2026]
- Democrats have a working-class voter problem that progressives like Abdul El-Sayed are still struggling to solve - The Conversation - August 11th, 2026 [August 11th, 2026]
- Opinion | Democrats need to face their real liability - The Washington Post - August 11th, 2026 [August 11th, 2026]
- Centrist Democrats dismiss Abdul El-Sayed as a freak radical. Do they want to win in 2028 or not? | Nesrine Malik - The Guardian - August 11th, 2026 [August 11th, 2026]
- Can NC Democrats gain legislative power in November elections? Races to watch. - WRAL - August 11th, 2026 [August 11th, 2026]
- House Democrats Demand Answers From Trumps VA on Vets Struggling to Access Mental Healthcare - ProPublica - August 11th, 2026 [August 11th, 2026]
- Can Gluesenkamp Perez win over the Democrats who voted against her in Washingtons primary? - opb.org - August 11th, 2026 [August 11th, 2026]
- Ocasio-Cortez says Democrats are 'unifying,' focused on 'working people' in midterms - ABC News - Breaking News, Latest News and Videos - August 11th, 2026 [August 11th, 2026]
- Democrats face their next big fight between moderates and the left - The Seattle Times - August 11th, 2026 [August 11th, 2026]
- Democrats Vow to Unite Behind Abdul El-Sayed in Michigan, but Tensions Remain - The New York Times - August 11th, 2026 [August 11th, 2026]
- Hostage activist Zangauker says Golan broke pledge to put her on Democrats slate - The Times of Israel - August 11th, 2026 [August 11th, 2026]
- The GOPs free cash for education puts Democrats on the hot seat - Politico - August 1st, 2026 [August 1st, 2026]
- Democrats see an chance to flip a US House seat as abuse claims mount against Ohio Rep. Max Miller - ABC News - Breaking News, Latest News and Videos - August 1st, 2026 [August 1st, 2026]
- Opinion: Georgia Democrats state convention will double down on a losing agenda - AJC.com - August 1st, 2026 [August 1st, 2026]
- The Democrats have one last chance to halt the erosion of US democracy and its less than 100 days away - The Guardian - August 1st, 2026 [August 1st, 2026]
- Democrats factional battle hits a swing district in Michigan - NBC News - August 1st, 2026 [August 1st, 2026]
- Two looming primaries will test pro-Israel Democrats role in the party - Politico - August 1st, 2026 [August 1st, 2026]
- Trump shattered ethics norms. Will voters trust Democrats to fix them? - npr.org - August 1st, 2026 [August 1st, 2026]
- Democrats big Virginia plans were foiled, but its still at the center of the battle for the House - NBC News - August 1st, 2026 [August 1st, 2026]
- Will Left-Wing Democrats Reinvent the Party or Hurt Its Chances in November? - The New Yorker - August 1st, 2026 [August 1st, 2026]
- 100 days until midterms and Democrats are winning because they actually have a message - Fox News - August 1st, 2026 [August 1st, 2026]
- Opinion | Fauci and the Democrats Have a Lot to Answer For - The New York Times - August 1st, 2026 [August 1st, 2026]
- To win over working-class voters, Democrats need to stop talking about democracy - npr.org - August 1st, 2026 [August 1st, 2026]