Liberals and centrists are debating whether to embrace the GOP's hard-line approach or restore the historic bipartisan traditions of the Senate.
Republicans are steamrolling Democrats on judges. But the question of whether to be as cutthroat as the GOP is already splitting the party as the 2020 campaign ramps up.
The party doesn’t have to settle the question just yet. But if Democrats take the Senate and the White House in 2020, their choice will determine whether the party can begin to reshape the federal judiciary after President Donald Trump and the GOP spent years stocking it with young conservatives. “Democrats should not play by a different set of rules from Republicans,” argues Sen. Elizabeth Warren , a 2020 candidate and member of Democratic leadership. “We can’t live in a world where the Republicans twist everything their way whether they’re in the majority or the minority and the Democrats just keep trotting along. That’s not working.”
The aggressive push has left Democrats smarting and powerless until they can grab back power. They concede that there’s not much they can do right now to stop Republicans from putting their stamp on the federal judiciary. “Our first job is to take back the Senate and then we’ll discuss everything else,” said Senate Minority Leader Chuck Schumer , who has no reason to spark a divisive fight within his caucus.
“She won’t say that, she won’t threaten that, because she wants to preserve the option of punching ourselves in the face again and let Sen. Graham veto President Warren or President Harris’ judicial picks,” Fallon said, referring to Senate Judiciary Committee Chairman Lindsey Graham. “My first instinct is to say we should go back to the blue slip but it’s hard to say that after many years of Leader McConnell exercising his authority in ways that had been previously unexplored,” said Sen. Brian Schatz . It’s tough to think “that if and when we take the Senate back that we’re supposed to think better of it and restore bipartisan traditions.”
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