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🗓️ 4 April 2017
⏱️ 28 minutes
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0:00.0 | As we record this, Democrats in the Senate are preparing to filibuster the Supreme Court nomination of Judge Neil Gorsuch, and not just because they're concerned about his judicial record. |
0:12.5 | House Minority Leader Chuck Schumer explains. |
0:15.8 | Both sides, I know, are pointing fingers at the other in this debate, saying the other side started it. |
0:22.5 | We did not get our nominee when Senator McConnell broke 230 years of Senate precedent |
0:28.7 | and didn't even allow Judge Garland a hearing and a vote. |
0:32.9 | For their part, Republicans are vowing to confirm him by the end of the week, even if this means |
0:38.4 | Senate rules have to change to get rid of the filibuster, the so-called nuclear option. |
0:44.8 | It's just another reminder that the way things used to work was better. |
0:50.5 | Certainly that's what critics across the spectrum, no matter where they point their fingers seem to say, but better when. |
0:58.7 | Slate's Dahlia Lithwick is a frequent guest on this show and host of her own excellent podcast about the law, Amicus. |
1:05.9 | This week she took a closer look at the congressional vetting of Supreme Court nominees to learn more about |
1:11.9 | how this exercise used to go. And now we offer it to you. Last week's confirmation hearing for |
1:18.9 | Neil Gorsuch was, in addition to being a spectacular piece of political theater, also kind of |
1:25.1 | an exercise in nostalgia for confirmations past. At many times in the |
1:30.2 | hearings, various senators and then the nominee himself were waxing poetic about some golden era of |
1:36.1 | confirmation hearings where nominees held forth on substantive doctrine and also civil hearing lasted |
1:43.4 | just a matter of minutes. Here is Senate Democrat, |
1:46.7 | Patrick Leahy, longing for the bygone years when nominees actually answered the questions before them. |
1:53.4 | You have been very hesitant to even talk about various Supreme Court presses. I know that |
1:59.6 | Chief Justice Roberts, when he was before us, he said he agreed with Griswold and Brown. |
2:07.6 | Justice Alito said he agreed with Hamdi and Eisenstadt. |
2:12.2 | And just by way of contrast, here is Judge Neil Gorsuch, |
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