Democrats should not fear the nuclear option on Gorsuch

Such logic collapses on itself. If the operating assumption is that waging a filibuster means losing the filibuster, then the filibuster is already lost. Just look at the way two scenarios will play out. One: Filibuster Gorsuch, lose the filibuster, Gorsuch is confirmed and the next nominee is confirmed. Two: Confirm Gorsuch, filibuster the next conservative nominee, lose the filibuster and the next nominee is confirmed. The events take place in a different order, but the results are the same.

Might having the filibuster in the Democrats’ back pocket compel Trump to appoint a relatively moderate judge when filling a liberal or swing seat? The last Republican president, George W. Bush, tried that when he nominated his White House Counsel Harriet Miers to replace the center-right Justice Sandra Day O’Connor. Conservatives—who are marinated in the belief that establishment Republicans live to betray them on court picks—revolted, and Miers withdrew her nomination. Trump, in turn, has hugged the conservative legal community throughout his short political career, successfully keeping skeptical Republicans in his fold. There’s no reason to believe he’d cross them now.

Might a premature confrontation yield an even worse outcome than just losing the filibuster for Supreme Court confirmations by losing the filibuster for legislation as well? Nothing can be discounted, but similar logic applies. If Republicans are prepared to scuttle the filibuster after any attempt by Democrats to use it, it’s already lost.