Neil Gorsuch still insists on not being Merrick Garland.
The argument against Neil Gorsuch is that he is not Merrick Garland. ALEX WONG / GETTY IMAGES

Trump's SCOTUS nominee, Neil Gorsuch, who is to the right of Scalia, enters his second round of hearings today, which are expected to last 10 hours. During his first round, several Democratic Senators did well to point out the fact that Obama's compromise SCOTUS nominee, Judge Merrick Garland, was given a raw deal. Sen. Patrick Leahy, speaking on Mitch McConnell's blockade of Garland, said, "[The blockade] was totally unprecedented in our country's whole history. Some liken it to the action of the tyrannical kings," and added that Gorsuch was selected by "special interest groups." McConnell's actions were tyrannical: he stole a Supreme Court seat and was ready to keep it open until a Republican president could fill it.

And, sure, hear him out if you must, Senator Michael Bennet of Colorado. Take "the high road." Give Gorsuch chances to mess up and/or potentially incriminate himself by lying under oath the way Betsey DeVos, Tom Price, Scott Pruitt, Steve Mnuchin, and Jeff Sessions did. It's good to know, after all, that Gorsuch may have done what he could to help defend torture. But, unless he somehow unzips his Gorsuch suit and reveals himself to be Merrick B. Garland, the only correct thing for Democratic Senators to do is filibuster him until the nomination process or the filibuster itself dies.

Gorsuch is 49 years old. He will outlast the Trump administration. He looks like he's going to be alive for a million years. During that long life he's likely to side with corporations, try to roll back Roe v. Wade, and threaten LGBTQ and other civil rights. If Democrats are not going to risk the filibuster to defend a stolen SCOTUS seat, what will they risk it on?

So, the only thing for Democratic constituents to do is call their Democratic Senators and add some steel to their spines. In Washington State, Sen. Patty Murray says she'll "join" an effort to filibuster, but stops short of "leading" the effort to filibuster. Interested parties should call her ([202] 224-2621) and congratulate her for joining. Maybe ask her to take the lead.

Senator Maria Cantwell, however, hasn't said whether she'll filibuster Gorsuch. Right now, her line is:

I take my responsibility to provide advice and consent very seriously. I will review Judge Gorsuch’s record thoroughly, follow his nomination hearings closely, and I plan to meet with him to ask my own questions. I will be weighing these considerations along with the comments of my constituents as I consider this nomination.

Interested parties might give her a call 202-224-3441 and offer some encouragement.

It's not that complicated. The seat was stolen. Filibuster or bust.