Geoffrey Stone makes as good a case as I’ve seen:
Anyone who cares about the proper and legitimate functioning of our American democracy must oppose Judge Gorsuch’s nomination, not because he is necessarily unqualified, but because of the undermining of our American democracy by Senate Republicans. Anyone who cares about the rule of law should must oppose this nomination. If we fail to take this stand, the Senate Republicans will have succeeded in placing a justice onto our highest Court who has no business being there. They will have undermined the credibility of the Supreme Court as an institution, an institution that is critical to the functioning of our Constitution.
Judge Gorsuch’s nomination should be withdrawn, and the President should nominate in his place a genuinely moderate justice who is acceptable to Democrats and Republicans alike. Only then can we move on with a sense of institutional integrity. Short of that, every decision of the Court decided by a margin of five-to-four with Neil Gorsuch in the majority will justifiably be castigated as fundamentally illegitimate.
Simply saying you’re holding the seat for at least four years isn’t going to fly. Preemptively declaring a blanket filibuster on all candidates isn’t going to fly; that sort of thing is perfectly okay if you’re a Republican, but otherwise you can forget about it. But the Democrats must find a way to extract a political price over the Garland theft, but have to do so in a “serious” way that also placates the recently ascendant Democratic wing of the Democratic Party. Maybe you can manage to hold until mid-terms? But you have to have an end game and start talking about it today; good thing the Democrats are known for their excellent coordinated messaging machine…
Sorry, Neil Gorsuch. The Supreme Court Seat Was Already Filled
Lemkin 