The morning after President Donald Trump nominated federal judge Neil Gorsuch to the Supreme Court, there is talk that Democrats could block the nomination to deliver some payback to Republicans stemming from their refusal to hold hearings for former nominee Merrick Garland.
Axios co-founder and CEO Jim VandeHei examined the matter and concluded that Gorsuch may eventually get confirmed, but only if Republicans make a procedural change to require a simple majority vote to approve judicial nominees rather than a 60-vote one.
Former President Barack Obama nominated Garland last year after the sudden death of Associate Justice Antonin Scalia. Republicans, who controlled (and still control) both houses of Congress, refused to hold confirmation hearings during an election year and with Obama serving the last year of his presidency.
Garland never sat before Congress to answer questions and his nomination eventually fizzled out. Democrats aren't happy with the GOP's behavior and want to exact some sort of revenge.
VandeHei argued that could come in the form of a Democratic blockade that would prevent Gorsuch from being confirmed to the high court.
Republicans' only way around that would be to switch to the nuclear option for judicial nominations, which means Gorsuch would only need 51 votes.
As VandeHei notes, a Gorsuch confirmation would give Republicans control of all three branches of the government.
Conservative columnist Charles Krauthammer referenced the nuclear option as well, saying Tuesday night on Fox News that Republicans have that in their back pocket if Democrats try to pull a fast one on them.
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