Napolitano: SCOTUS ‘Should Not Be Politicized,’ But ‘Senate Should Not Get Rid Of The Filibuster’ (VIDEO)
Judge Andrew Napolitano told Fox News’ Neil Cavuto Tuesday that while the Supreme Court “should not be politicized,” Senate Majority Leader Mitch McConnell shouldn’t even think about abolishing the filibuster as a means of forcing through Judge Neil Gorsuch’s confirmation.
“It is a tool from the minority that prevents the tyranny of the majority,” Fox News’ senior judicial analyst stated. “Suppose Bernie Sanders were president, and suppose Republicans had 45 votes in the Senate, and suppose Bernie Sanders wanted to put another Ruth Bader Ginsburg on the court.”
“You can bet your bottom dollar Republicans would be clinging to the filibuster to prevent that from happening,” he continued. “That’s not out of the question. Just replace the name Sanders with somebody else and the name Ginsburg with somebody else. The pendulum swings.”
“I’ll tell you who I think is the most unreasonable here,” Napolitano continued. “And that’s Sen. [Chuck] Schumer.”
“Sen. Schumer has said ‘we want to sit down with Sen. McConnell and the president and negotiate about who the nominee should be,”
“That would be the president advocating his prerogative under the Constitution,” Napolitano stated. “He chooses. He proposes. The senate disposes or accepts. The Senate does not get involved in choosing the nominee. Sen. Schumer knows this.”
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