To Defend the Rule of Law, Democrats Should Filibuster

I wrote an Op-Ed for the Austin American Statesman about Gorsuch, Garland, and why the Democrats should filibuster.

The presidency of Donald Trump poses significant questions about core principles of American democracy: checks and balances, and the separation of power. A number of lawsuits have already been filed challenging his expansive interpretation of executive power and his administration’s apparent willingness to resist direct court orders. At a moment, when our core Constitutional values may soon be trusted to the care of the Supreme Court, Democrats must challenge the idea that long-standing normative protections against abuse of power can be broken without consequence.

Judge Gorsuch is an excellent jurist, and deserves a fair hearing. If another vacancy opens on the Court, Democrats should give him all the respect and due consideration that he deserves. Until that day, however, they cannot and must not permit a vote.

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