Elena Kagan

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Supreme Court

A Precedent for Democrats on the Classy Way to Handle Neil Gorsuch

Neil Gorsuch is an eminent jurist who is undoubtedly qualified to be an Associate Justice on the Supreme Court. So too is Merrick Garland. In the law of the jungle that now governs the confirmation process, where principle is absent and power politics alone is what matters, Gorsuch will likely make it to the Supreme Court for the same reason that Garland did not: The Republicans controlled the Senate last year when Obama was President, and continue to control it now when Trump is President. Elections have consequences and the Democrats lost the key ones.

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