Why Neil Gorsuch's Supreme Court Tenure Would Be Tainted Off the Bat
In 1927, Babe Ruth had one of the best individual seasons in professional baseball history. Not only was he the most dominant player on what's widely lauded as the best Yankees team ever, but he also set one of baseball's most hallowed records that year: 60 home runs in a season.
That number stood for decades, until 1961, when another Yankee outfielder staged a remarkable run at Ruth's record. On the last day of that season, Roger Maris hit his 61st home run, eclipsing Ruth in front of his hometown crowd.
But he didn't do so without serious, long-lasting controversy. You see, when Ruth set his record, there were only 154 games in a baseball season. But when Maris hit his 61st home run, baseball was in its first year of having 162 games in a season. To Babe Ruth devotees, Maris' record didn't measure up to Ruth's. The commissioner at the time discredited Maris, and a sportswriter suggested a solution: put an asterisk next to Maris' record in the "official" record book.
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What does all this have to do with Neil Gorsuch and the Supreme Court? Well, if Mitch McConnell and his fellow Senate Republicans follow through on their promises later this week, they could make Gorsuch the first Supreme Court justice with that mythical asterisk next to his name. In fact, Gorsuch's name could have four such marks.
It now appears that in order for Gorsuch to be confirmed to the Court, Senate Republicans are going to have to destroy Senate rules – after having already departed from time-honored constitutional practice to even get us to the point of considering Gorsuch.
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for reasons which I think are obvious.
But I certainly get the point.
