In Gorsuch, Trump gave Democrats a gift. They should take it.

One can certainly understand the Democrats’ desire for retribution. But a protracted battle here would be counterproductive. On many issues, including most of those we cover here at The Watch, Gorsuch’s record suggests that he’d actually be to the left of Garland. He’s certainly better than the other “finalists” Trump was considering. Moreover, approving Gorsuch would give the Democrats added credibility with moderates and the public down the line should they need to oppose Trump’s replacement of, say, Ruth Bader Ginsburg, Stephen Breyer or Anthony Kennedy — or should he nominate someone far more extreme, like Pryor. Adopting the GOP line of opposing all Supreme Court nominees from the opposing party at all times won’t win over fence-sitters, and it also isn’t likely to be successful.

I think Trump presents a unique threat to American democracy. In fact, I think there’s small but not insignificant risk that he represents the end of American democracy. (If that sounds like hyperbole, remember that his top adviser Steve Bannon has compared himself to Lenin.) In that context, Gorsuch is something of a gift — although probably an unintentional one.

An opposition party needs to choose its battles carefully. Over the past several days, tens of thousands of people have taken to airports, streets and congressional offices to protest Trump’s odious immigration order and the reckless manner in which it was carried out. Draft immigration-related orders leaked by the administration this week are more frightening still. I can’t say for certain that Gorsuch thinks those orders are unlawful, but he does have a history of ruling against the executive overreach in immigration cases. Meanwhile, the Post reported yesterday that attorney general nominee Jeff Sessions not only helped plan Trump’s horrendous first week in office but also wanted Trump to go a lot farther — and is the “intellectual godfather” of some of the ugliest facets of Trumpism. If the Democrats are going to muster the will and political capital to tank a nominee and send the Trump administration a message, someone like Sessions seems like a far better target.