Portman backs Gorsuch nomination

Published 1:55 pm Thursday, April 6, 2017

U.S. Sen. Rob Portman, R-Ohio, used his conference call with reporters on Tuesday to praise President Donald Trump’s nominee for Supreme Court, Neil Gorsuch, and to condemn possible Democratic plans to filibuster the nomination.

“I think Neil Gorsuch is the right person,” Portman said, adding that the judge was known as “a consensus builder.”

Portman said that as a federal judge Gorsuch has “98 percent of the time, built consensus.” Portman explained that when Gorsuch did have a case go before the Supreme Court, his judgement had been confirmed by that body.

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“I’m hopeful we will, at the end of the day, get through the (confirmation) process,” Portman said.

Portman condemned suggested plans by Democrats to filibuster the nomination, noting that even in the most controversial appointment in recent history, that of Supreme Court Justice Clarence Thomas, no threats of filibuster were issued and the justice was confirmed with a simple majority vote of 52.

When asked about his own vote, three years ago, to allow filibusters on federal court judge appointments, Portman stated that Supreme Court nominations were different, and noted there had only been one successful filibuster of a nomination, and that was a bipartisan filibuster where there were charges of judicial corruption.

Portman said that Democrats should simply “allow an up or down vote”, echoing cries from Democrats on the nomination of Merrick Garland to the court by President Barrack Obama, following the death of Judge Antonin Scalia.

Portman, however, said that this was a different situation.

“It’s a different situation,” Portman said. “Because we were in the middle of a presidential election. It was after the primaries, and it felt like whoever won should get to choose the nominee.”

Portman quoted the “Biden Rule” in justifying the Republican refusal to allow Merrick Garland to go forward for a vote, however there is no actual Biden Rule. The so-called Biden rule is based on a speech that then-Senator Joe Biden gave, following the rancor surrounding the confirmation of Clarence Thomas, but it was never adopted as a formal rule and there was no nominee at the time Biden made his statements. Furthermore Biden never stated that the president at the time of the opening shouldn’t be able to make a nomination, only that the nomination process be delayed until after the election.

Senate Majority Leader Mitch McConnell, R-Kentucky, admitted on Sunday, however, that the so-called “Biden Rule” is not actually policy.

Portman, however, brushed off past controversies about the Garland nomination.

“I also think it’s important to note that we have a really qualified nominee,” Portman said. “I’d think Democrats and Republicans alike could agree on that.”

While he said he hopes it doesn’t come to a rule change, or cloture, to overcome any filibuster attempt, if it does Portman said that he will vote for it.

“I hope it won’t come to that,” he said, “but it’s important to get him nominated.”

He said that any blocking of the nomination would be purely for “partisan reasons”, and that he was still “hoping well have a vote up or down.”

“This is a mainstream candidate,” Portman said. “If he nominated a liberal, Republicans wouldn’t vote for him,” explaining why he believed the Senate should go with a “centrist.”

Portman also discussed his STOP Act to curb fentanyl transports via postal service from India and China, and urged President Trump to take up the issue of synthetic opiates with Chinese President Xi Jinping. XI and the Chinese government have already taken action to curb manufacture and distribution of fentanyl and carfentanil in their nation, but Portman would like to see the nation do more.