Case relies on hope that GOP Sens will balk at replacing lib with con, or Pres will nominate a Bork instead of a Scalia; no evid for either
I think the argument against filibustering Gorsuch is a bit more complex than that. I lay the case out here: http://electionlawblog.org/?p=91762 https://twitter.com/ThePlumLineGS/status/848985479987027969 …
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It's a hard call, but I'm inclined to agree with your argument. But do you really thin anyone alive is to right of Thomas?
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In our post-truth political world, there's good reason to believe that marginal effect WON'T be decisive in swaying moderate GOP Senators.
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Also: arg for "saving" filibuster is based on a decisive marginal effect of a not-yet-used filibuster against a more objectionable nominee.
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3. GOP nominee. Given all we've seen of extreme force of hyperpartisanship in the recent past, it's no surprise Ds reach a diff conclusion.
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2. ...one's opinion on a SCOTUS filibuster hinges on the likelihood of moderate GOP senators putting principle over party given a future...
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1. Your argument isn't so much more complex as it is relatively timid, which you concede. The future is uncertain, so...
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