On February 17 2017, the US senate will resume its duties; one of which will be to confirm or reject Neil Gorsuch as President Donald Trump’s choice to be the next US Supreme Court Justice.
Several days ago, the Guardian reported Trump had urged Wall Street Senate Majority Leader Mitch McConnell to eliminate Democrats potential use of the filibuster to stop Gorsuch, which is the so-called nuclear option. The story provided no analysis, and for a good reason, which I’ll get to below.
Anyway, Gorsuch needs sixty out of 100 possible senate votes in order to be confirmed to the post. The nuclear option would eliminate the sixty vote threshold, by instituting a fifty-one vote threshold. The Republicans hold fifty-two seats in the US senate, while the Democrats hold forty-eight. That means eight Democrats must vote to sustain Gorsuch’s nomination, or the candidate will fail. If Gorsuch fails to get sixty votes, the Democrats can filibuster his nomination, putting an end to it, unless the so-called nuclear option is used by Republicans. That’s not going to happen.
The nuclear option would mean the end of the filibuster in the US senate. The filibuster has been used to ensure a sixty vote majority is always needed to pass any legislation. The result has been years of gridlock. Politicians of both major political parties have abused the filibuster over the years, so as to ensure they can fail to solve the problems that have perplexed the nation, and have a ready made excuse for the folks back home.
Once the sixty vote threshold is eliminated, however temporarily, a simple up and down vote for Gorsuch can take place. However, Republican voters might get a bit angry the nuclear option isn’t being used for their issues. The Republican Party establishment, with control over the white house and both houses of congress, could easily end legalized abortion. That’s what their base wants them to do.
However, doing so would eliminate abortion rights as a wedge issue with which to manipulate the emotions of grassroots Republicans, and divert their attention from other things, such as passing trade treaties that make it easy for US corporations to export US jobs overseas, and redistribute the difference between the older higher US pay and the new lower foreign wages to the 1 percent via higher corporate profits, share prices and surging dividends.
Likewise, the Democratic establishment will not want the nuclear option used. Then they’d need to please the grassroots of their base for a simple up and down vote can occur over numerous issues that conveniently cannot reach the sixty vote threshold. This includes a vote for amnesty of undocumented immigrants. A vote for the Dream Act can occur. A vote for a renegotiated NAFTA can take place. A vote to raise tariffs on US goods manufactured overseas and exported to the United States can occur. A vote to raise the minimum wage would be a great opportunity. A vote to rein in the excesses of Wall Street can be had. A vote to tie CEO compensation to corporate crimes can take place, such as corporate money laundering of Mexican drug cartel money.
The Republican and Democratic establishments, which are the major corporations, Wall Street executives, and billionaire investors who control the politicians of both political parties, will not want to see an aroused Republican base demanding simple majority votes on issues dear to their hearts, and which have been carefully cultivated by the corporate media. That would be against the financial interests of the establishment members. So, too, would the nuclear option be against their interests.
Like the conservative news media outlets, these issues are things the Guardian editors dare not mention. The Guardian is regarded as a liberal newspaper, and so the aim of the story is to raise the interest of liberal readers. However, the first duty of any editor is to edit and omit all news stories with a view to what the news ought to be, and that is closely related to the second duty of an editor, which is to never offend advertisers. The advertisers in major media news outlets are largely politically and financially powerful corporations. The loss of their advertising dollars would be a sharp blow to any news media outlet, such as the Guardian. The Guardian editors must walk a tightrope; keep liberals reading, while pleasing major corporate advertisers.
So expect the Democratic establishment to come up with at least eight Wall Street senators willing to vote for Gorsuch to avoid the nuclear option. Expect Wall Street Senator Ron Wyden to be the first to cross the aisle on behalf of Gorsuch to avoid raising the hopes of Democratic and Republican voters everywhere should the nuclear option be used.
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