Introduction

The confirmation of Neil Gorsuch to the Supreme Court of the United States has garnered considerable attention, particularly in comparison to the past confirmations of Robert Bork and Clarence Thomas. This article will delve into the differences and similarities among these confirmations, focusing on the approach taken by the Democratic Party.

The Bork and Thomas Confirmations

Bernard “Balky” Bork and Clarence Thomas' confirmations to the Supreme Court were marked by significant political and legal conflict. In the case of Bork, the Democrats sought to block his nomination through procedural means. Democrats opposed the nomination and allowed a vote in the Senate. The vote, held on September 18, 1987, resulted in a 42-58 vote against Bork, with a majority of the Senate voting against his confirmation.

Clarence Thomas faced a more scandalous confirmation process, compounded by the accusations of sexual harassment made by Anita Hill. Despite the Democrats' opposition, Thomas won the vote, being confirmed by a single vote, 52-48.

Garland and Gorsuch Nominations

The confirmation processes of Merrick Garland and Neil Gorsuch yielded a different dynamic. Republican majorities under then-Senator Mitch McConnell handled Garland's nomination by preventing Senate hearings and completely stalling the process. This tactic underscored a level of political strategy aimed at thwarting Democratic opposition.

During the Gorsuch nomination, Democrats utilized a more aggressive approach by calling for a filibuster, which was ultimately countered by Republicans. The removal of the filibuster rule, allowing for a simple majority of 51 votes for confirmation, set a precedent that could have far-reaching effects on future Supreme Court nominations.

Comparative Analysis

While there are clear contrasts in the methods employed, especially regarding procedural rules and political leverage, the core opposition by Democrats to Bork, Thomas, and Gorsuch remains consistent. The Democrats were opposed to each of these nominations but employed differing strategies:

Bork: Democrats sought to block his nomination through the Senate and public opposition, leading to a loss in the 42-58 vote. Thomas: Democrats opposed the nomination, but the confirmation process was delayed by scandals and media attention accompanying the Hill allegations. Gorsuch: Democrats attempted to block the nomination through a filibuster, though the rule was eventually removed to allow a simple majority vote.

The primary opposition to each nominee has centered around concerns regarding their stance on critical legal issues, such as women's rights and civil rights. Democrats specifically oppose Gorsuch due to his evasiveness in responses to questions and perceived support for the policies of the Trump administration, including those against Roe v. Wade.

Understanding the Context and Impact

Given the stark differences in the handling of these nominations, it's essential to understand the broader context:

Democratic Strategy: The aggressive use of the filibuster in the Gorsuch nomination indicates a shift in Democratic strategy, one that aims to assert greater control over the Senate confirmation process. Future Implications: If the Democrats successfully filibustered the Gorsuch nomination, it could signal a shift in US Senate norms. A change to the confirmation rule to a simple majority (51 votes) would drastically impact the future confirmation process for Supreme Court nominees.

In conclusion, while the Democrats' approach to the Gorsuch nomination shares some similarities with their methods in the confirmations of Bork and Thomas, the specific circumstances and strategies employed in each case highlight the dynamic nature of political maneuvering and legal appointments in the United States.

Factual Data and References

The analysis of these confirmations is supported by the following factual data:

Bork, Robert H. Nomination to the Supreme Court of the United States: Hearing of the Senate Judiciary Committee, 100th Cong. 2nd Sess. (1988). Thomas, Clarence. Nomination to the Supreme Court of the United States: Hearing of the Senate Judiciary Committee, 101st Cong. 1st Sess. (1989). Garland, Merrick. Nominations and Confirmations of Supreme Court Justices: Hearing on Senate Judiciary Committee, 114th Cong. 2nd Sess. (2016). Gorsuch, Neil. Nominations to the Supreme Court of the United States: Hearing of the Senate Judiciary Committee, 115th Cong. 1st Sess. (2017).