Watch CNN’s Burnett bring Dem’s ‘need 9 justices’ mantra back to haunt them in Gorsuch showdown

CNN’s Erin Burnett pointed out the apparent hypocrisy of Democrats in filling the vacant seat on the U.S. Supreme Court.

There were “choice comments that were made last year when Republicans blocked Merrick Garland’s Supreme Court nomination,” the “OutFront,” anchor recalled Monday, noting how Democrats insisted the Supreme Court have nine justices but now, under a Republican president, are content to leave it at eight a while longer.

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“Democrats, at the time, said, a court without nine justices is a crisis. We can’t have it. We can’t have it,” Burnett said.

Clips of Vermont Sen. Bernie Sanders, California’s Sen. Dianne Feinstein and Sen. Chuck Schumer of New York were played showing their arguments for nine Supreme Court justices.

“And yet now,” Burnett said to CNN’s Dana Bash, “it’s the Democrats who are essentially forcing the court to go even longer with only eight.”

Bash agreed but said the Democrats would argue that they do actually want a court with nine justices, but they do not want to fill the vacancy with President Trump’s pick, Judge Neil Gorsuch.

“This is really all politics towards the Democratic base,” Burnett concluded, adding that the party can do what their base wants “because the outcome here is really not in question.”

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CNN legal analyst Jeffrey Toobin said for Democrats, “this is a substantive fight about very important issues” and since the party believes what their base believes, they would fight the nomination of Gorsuch based on the issues.

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