Should a 5–4 decision with Supreme Court Justice Neil Gorsuch in the majority even count?

That’s not a question we ourselves would ask, but The Washington Free Beacon reports Wednesday that Democratic Sen. Jeff Merkley of Oregon broached the issue on the floor of the Senate during a lengthy speech about the Janus v. AFSCME case.

Conor Beck reports:

… Merkley broke from his discussion of the case to question the legitimacy of Gorsuch’s placement on the Supreme Court.

“Now, should we put an asterisk by Neil Gorsuch’s name. Should even a 5-4 decision with Gorsuch in the majority even carry weight here in our society?” Merkley asked.

“Because this is the seat that for the first time in U.S. History was stolen from one president and delivered to another,” Merkley said, raising his voice.

Here’s video:

By the way, the answer is yes.

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