Should the Democrats Filibuster Gorsuch?

Rick Hasen: “My prediction is that they will not.  Democrats seem to have a harder time with obstructionism than Republicans, and when you have prominent Democratic lawyers like Neal Katyal voicing support for Gorsuch, enough Democrats won’t have the stomach to filibuster, especially knowing it will end with Gorsuch on the Court anyway. Further, some Democrats may be hoping that by not filibustering they can keep channels open with those Senate Republicans who are willing to deal on other issues, whether or not this is actually true. If Senate Democrats are going to grow a spine, it probably won’t be this fight.”

Jonathan Chait: “Democrats are reportedly tempted to abandon the filibuster, so that it remains in place for a future Court fight… But this is fantastical. There is no ‘leverage’ gained by a weapon one’s opponent can disarm at will. The Supreme Court filibuster is like a pair of handcuffs in which the handcuffed person is holding a key.”