Sen. Tom Udall (D-NM) is floating a plan where one of the sitting justices of the Supreme Court retires, President Trump appoints Judge Merrick Garland to that seat, and the Senate would then confirm Judges Gorsuch and Garland at the same time.
“You had President Trump saying, ‘I want to unite the country, I’m a deal-maker, I’m going to bring people together,’” Udall told reporters following his meeting with Gorsuch on Monday. “Well, the deal right now for President Trump, if he wanted to do it, would be to put Gorsuch and Merrick Garland on the court at the same time.”Has Udall been sneaking up to Colorado to visit brother Mark (former US Senator Mark Udall (D-CO) and then partaking of some of Colorado's best weed?
This is how Udall described it: Trump would discuss the option with one of the three Supreme Court justices often mentioned as retirement prospects in the coming years – Ruth Bader Ginsburg, Stephen Breyer or Anthony Kennedy – and secure a resignation letter from one of them, contingent on Garland getting nominated and confirmed as their replacement.
Then the two nominees would have a simultaneous confirmation process and votes, Udall said.
The answer President Trump should give Sen. Udall is an unequivocal no. Both surveys and my own anecdotal evidence suggest that the primary reason many people voted for Trump over Hillary Clinton was the Supreme Court and court appointments. The era of the GOP making deals with liberal Democrats on judicial appointments is over.
We have just seen the impact of President Obama's appointments on gun rights in the 4th Circuit with their nonsensical ruling in Kolbe v. Hogan. We need that sixth originalist justice if we want to preserve the Second Amendment as an individual right and as a right that the courts will actually respect. Judge Merrick Garland is not that man.