Democrats balk at using their biggest weapon in SCOTUS fight

On a caucus call Saturday, members laid out two types of approaches that they thought would best suit the party in its efforts to stop the president from filling the seat of Justice Ruth Bader Ginsburg, who died on Friday from complications of pancreatic cancer. One faction felt that a dramatic show of resistance with overt political threats would provide the pressure needed to at least slow down the march of Senate Republicans towards confirming Trump’s inevitable nominee.

Another faction, composed mainly of moderates, felt that members should stay squarely focused on the implications that the confirmation would have on health care—arguing that the public, especially in key swing states, would be moved by fears that a new court (and even the current eight-member one) could allow for the full destruction of the Affordable Care Act…

“There was a discussion of, ‘OK, if we talk through this and lay out the things we are willing to do, what happens if we lose?’” the source, a Senate Democratic aide, said. “That’s an obvious concern because we’ve just given [Senate Majority Leader Mitch] McConnell the basis and moral authority to go do it himself. Suddenly, it’s an eight-three court.”