Senate Democrats do have a tricky choice re Neil Gorsuch: to filibuster or not. I can see the merits both ways. Setting aside for a minute the plentiful hypocrisy regardless of party, Mitch McConnell’s refusal to consider the merits of Judge Garland was a new low.
Moving on. Democrats cannot prevent Gorsuch from receiving a hearing, as McConnell prevented one for Garland. Before, during, and after the Gorsuch hearing, Democrats should focus their questions on the new dangers that everyone, regardless of party, ought to recognize are in play. That is, ask about the meaning and reach of the emoluments clause. Ask what constitutes treason. Ask about the Tenth Amendment–it’s a new day, Democrats. Ask about the Congressional war power. Ask about the Voting Rights Act and voter suppression. Ask about the scope of valid executive orders. Ask whether Senator Ted Cruz’s law review article on Obama’s “lawlessness” made valid points that still apply now. Ask about the Supreme Court’s capacity or incapacity to counteract declarations of emergency powers and martial law. Some of these questions have not been asked in recent Supreme Court confirmation hearings, but the “threat assessment” needs to be rethought.