Republicans invoke ‘nuclear’ option over Trump SCOTUS nominee
The US Republican Party has invoked a “nuclear” option in a bid to ensure that Judge Neil Gorsuch of the US Court of Appeals for the Tenth Circuit will be confirmed as a US Supreme Court justice.
On February 1, WIPR reported that Gorsuch had been nominated by President Donald Trump to take up the vacant ninth position at the Supreme Court.
In 2006 Gorsuch was nominated by former US President George W Bush to take up his current position at the Tenth Circuit.
He has had some experience in IP—in 2008, he handed down a mixed ruling in Meshwerks v Toyota Motor Sales USA, a copyright infringement case which concerned digital wire frames in Toyota’s vehicles.
According to the Senate website, it voted 55-45 in favour of the judge yesterday.
However, 60 votes were needed to confirm Gorsuch.
The Republican Party made a “historic” rule change that will dramatically alter nominations to the Supreme Court, according to The Guardian, because just 51 votes are now required to confirm Gorsuch.
The rule change was voted in by 52-48, along party lines, and a vote on Gorsuch's appointment is expected today.
According to the newspaper, the Republican vote ended the “filibuster” for Supreme Court nominations, “forever changing how justices are confirmed to the country’s highest court”.
Gorsuch was nominated to replace Judge Antonin Scalia, who died in February last year.
Merrick Garland was nominated by former President Barack Obama in March last year, but the Republican-held Senate promised to block any appointment of a new justice until the presidential election had concluded.
If Gorsuch is confirmed, there will be five Republican-nominated and four Democrat-nominated judges at the Supreme Court.
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