Dem. Senator calls Gorsuch ‘illegitimate,’ claims SCOTUS seat ‘stolen’

Jeff Merkley Neil Gorsuch stolen illegitimate
Sen. Jeff Merkley, D-Or. (YouTube)

Trump Derangement Syndrome continues to thrive in the Democrat Party.  On Tuesday, Sen. Jeff Merkley, D-Or., called Judge Neil Gorsuch, President Trump’s pick to replace former Supreme Court Justice Antonin Scalia, “illegitimate,” and declared the seat was “stolen.”

“I will use every tool in my power to prevent this stolen seat from being filled by an illegitimate nominee like ,” he whined on Twitter.

Naturally, he was questioned about his claim:

Good question — but don’t expect a good answer.  According to liberal Trump-haters, the seat was “stolen” because Republicans refused to hand it over to Obama’s original pick.

But that would imply that the Oregon Democrat would rely on something called precedent.


What this Twitter user refers to is something called the “Biden rule.”  What’s that, you ask?  Well, according to the New York Times (hardly a conservative outlet):

As a senator more than two decades ago, Vice President Joseph R. Biden Jr. argued that President George Bush should delay filling a Supreme Court vacancy, should one arise, until the presidential election was over, and that it was “essential” that the Senate refuse to confirm a nominee to the court until then.

Mr. Biden’s words, though uttered long ago, are a direct contradiction to President Obama’s position in the battle over naming a successor to Justice Antonin Scalia.

The Times report adds:

But in a speech on the Senate floor in June 1992, Mr. Biden, then the chairman of the Judiciary Committee, said there should be a different standard for a Supreme Court vacancy “that would occur in the full throes of an election year.” The president should follow the example of “a majority of his predecessors” and delay naming a replacement, Mr. Biden said. If he goes forward before then, the Senate should wait to consider the nomination.

“Some will criticize such a decision and say that it was nothing more than an attempt to save a seat on the court in hopes that a Democrat will be permitted to fill it, but that would not be our intention,” Mr. Biden said at the time. “It would be our pragmatic conclusion that once the political season is underway, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over.

But as we all know, there are two standards — one for a Republican and another for a Democrat.  And let’s not forget that Gorsuch was unanimously approved for the 10th Circuit Court of Appeals back in 2006.  That means Democrats voted for him also.

So what’s happened since then?  That’s easy.  Donald Trump had the audacicy to win his election in November, and Democrats only care about one thing — hurting the current president.

Neil Boortz summed it all up rather well:


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Joe Newby

A 10-year veteran of the U.S. Marine Corps, Joe ran for a city council position in Riverside, Calif., in 1991 and managed successful campaigns for the Idaho state legislature. Co-author of "Banned: How Facebook enables militant Islamic jihad," Joe wrote for Examiner.com from 2010 until it closed in 2016 and his work has been published at Newsbusters, Spokane Faith and Values and other sites. He now runs the Conservative Firing Line.

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