As Democrats prepare to attempt a historically unprecedented filibuster of Supreme Court nominee Judge Neil Gorsuch, it’s important to be able to separate fact from fiction as debunked talking points are repeated by people opposing the nominee.

  • There has never been a successful partisan filibuster of a Supreme Court nominee. A Democrat-led partisan filibuster would be the first in United States Senate history, breaking centuries of precedent.
     
  • Democrat Senators Chuck Schumer, Dianne Feinstein, Dick Durbin, Patty Murray, Patrick Leahy, Ron Wyden, Jack Reed, Tom Carper, Bill Nelson, Debbie Stabenow, Maria Cantwell and Bob Menendez all previously supported Neil Gorsuch’s 2006 nomination (did not raise objection during a voice vote) to the 10th Circuit Court of Appeals.
     
  • The American Bar Association unanimously gave Judge Gorsuch its highest recommendation of “well qualified,” which Senators Leahy and Schumer previously referred to as the “gold standard,” removing any doubt as to his qualifications to serve.
     
  • Senator Schumer decided to attempt to block any Supreme Court nominee before Judge Gorsuch was even named or testified.
    • Schumer: “It’s hard for me to imagine a nominee that Donald Trump would choose that would get Republican support that we could support.” Maddow: “So you will do your best to hold the seat open.” Schumer: “Absolutely.” (The Rachel Maddow Show, MSNBC, 1/3/2017)
    • Schumer: “…we absolutely would keep the seat open. …we will fight it tooth-and-nail, as long as we have to.” (CNN’s “State Of The Union,” 1/22/17)
  • President Clinton’s and President Obama’s first two nominees were each confirmed without needing 60 votes.
     
  • The Washington Post gave Senator Schumer’s “60 vote standard” claim “Two Pinocchios.”
    • Washington Post: “Democrats are being slippery with their language. Sixty votes is not “a standard” for Supreme Court confirmations, as two of the current justices on the court did not meet that supposed standard.” (2/2/17)
  • After Senator Sanders repeated the claim, the Washington Post gave him “Three Pinocchios,” saying, “There is no ‘traditional’ 60-vote ‘standard’ or ‘rule’ for Supreme Court nominations, no matter how much or how often Democrats claim otherwise.”

Judge Gorsuch has an incredible legal mind and a humility that keeps him grounded. He has cleared every hurdle placed in front of him, so the minority has resorted to falsehoods and new standards along the way.

It’s quite clear that if he isn’t qualified then nobody is. And, if you’d filibuster this judge, it’s obvious you’d filibuster anyone. So, the actions by those who want to repeat falsehoods and join a filibuster is purely politics. Because, if you’re voting on his qualifications, it’s an easy YES.

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