Senate Republicans are seeking Democratic allies to confirm Judge Neil Gorsuch to the U.S. Supreme Court. Short of triggering the so-called nuclear option to lower the threshold from 60 votes to a simple 51 vote majority, Republicans will need eight Senate Democrats join the upper chamber’s 52 Republican members to block any filibuster, clearing the path for Gorsuch to get confirmed with an up or down vote.
Here’s where Democrats stand:
Democrats who oppose a filibuster (2)
Sen. Joe Manchin of West Virginia to The Weekly Standard on 1/31/17: Manchin won’t prevent a vote on Gorsuch. “I’m not going to filibuster anybody,” Manchin told the Standard.
Sen. Heidi Heitkamp of North Dakota to Politico on 1/31/17: Asked if Trump’s nominee should get an up or down vote instead of a filibuster, Heitkamp answered, “Absolutely.”
Democrats who say they want a “vote” on Gorsuch (4)
Sen. Claire McCaskill of Missouri on Twitter on 1/31/17: “We should have a full confirmation hearing process and a vote on ANY nominee for the Supreme Court.”
Sen. Jon Tester of Montana to Politico on 1/31/17: “There’s no doubt what they [Republicans] did [on Garland] was wrong and unconstitutional. In the end, I don’t think we should play their game. Have a hearing and vote.”
Sen. Dick Durbin of Illinois in a statement on 1/31/17: “I will meet with Judge Gorsuch and support a hearing and a vote for him — both of which were denied to an eminently qualified nominee presented by President Obama.”
Sen. Jeanne Shaheen of New Hampshire: “To suggest that we should not get a fair hearing on the nominee to the Supreme Court, Judge Gorsuch I think is just not something that’s going to be good for the American people. … Everybody I’ve talked to agrees he should get a hearing and an up or down vote.”
Ryan Nickel, Shaheen’s communications director, appeared to walk back the senator’s comments on Twitter saying “she meant a cloture vote.”
Shaheen previously said, “The independence of the Supreme Court is of utmost importance. Judge Gorsuch must demonstrate that he will rule independently of political influence or pressure, and defend the Constitution. I will thoroughly review Gorsuch’s record and his testimony during the nomination process. However, I will not support any candidate who intends to turn back the clock on civil rights, including women’s reproductive rights and LGBT equality.”
Democrat no votes on Gorsuch’s confirmation (7)
Sen. Elizabeth Warren of Massachusetts on Twitter on 1/31/17: “Based on the long and well-established record of Judge Neil Gorsuch, I will oppose his nomination.”
Sen. Jeff Merkley of Oregon in a statement posted on Twitter on 1/31/17: “This is a stolen seat being filled by an illegitimate and extreme nominee, and I will do everything in my power to stand up against this assault on the Court.”
Sen Sherrod Brown of Ohio: “The people of Ohio deserve Supreme Court Justices who will defend the rights of working families over Wall Street and corporate special interests — and Judge Gorsuch’s record doesn’t pass that test.”
Sen. Ron Wyden of Oregon: “The Gorsuch nomination represents a breathtaking retreat from the notion that Americans have a fundamental right to constitutional liberties, and harkens back to the days when politicians restricted a people’s rights on a whim. His opposition to legal death with dignity as successfully practiced in Oregon is couched in the sort of jurisprudence that justified the horrific oppression of one group after another in our first two centuries. No senator who believes that individual rights are reserved to the people, and not the government, can support this nomination.”
Sen. Kirsten Gillibrand of New York: “I’m opposing Neil Gorsuch’s nomination to the Supreme Court.”
Sen. Ed Markey of Massachusetts: “[T]he nomination of Judge Neil M. Gorsuch confirms that President Trump wants a Supreme Court Justice who is outside the judicial mainstream… I will not support the nomination of Judge Gorsuch.”
Tammy Baldwin of Wisconsin said she won’t be voting for Gorsuch, “I think the American people deserve an independent Supreme Court Justice who is going to protect constitutional rights.”
Other statements from Senate Democrats
Sen. Richard Blumenthal of Connecticut to MSNBC on 1/31/17: “I will support a hearing and a vote for the president’s nominee… I don’t think we should deny the American people a fair consideration of the president’s nominee.”
Blumenthal spokeswoman Maria McElwain said in an email that Blumenthal is keeping the option of the filibuster open. “Senator Blumenthal believes there should be a 60-vote threshold for this nominee, just as there was for both of President Obama’s nominees,” McElwain said. “He supports a hearing in the Judiciary Committee, but if he determines that Judge Gorsuch is out of the mainstream, he will pursue every legal tool to block him, including the filibuster.”
Sen. Chris Coons of Delaware to reporters on 2/1/17: Coons said reports that he supports an up or down vote on Gorsuch’s confirmation are inaccurate. He said he supported a Judiciary Committee vote for Gorsuch.
“What I’m most concerned about is whether settled law will be respected, whether he is an activist judge who is bent on reversing settled law,” Coons said.
Sen. Bernie Sanders of Vermont on Twitter on 1/31/17: “Judge Gorsuch must explain his hostility to women’s rights, support of corporations over workers and opposition to campaign finance reform.”
Minority Leader Chuck Schumer of New York in a statement on 1/31/17: “The Senate must insist upon 60-votes for any Supreme Court nominee, a bar that was met by each of President Obama’s nominees… Make no mistake, Senate Democrats will not simply allow but require an exhaustive, robust and comprehensive debate on Judge Gorsuch’s fitness to be a Supreme Court justice.”
Sen. Joe Donnelly of Indiana in a statement to the AP on 2/1/17: “As I have said part of our job as Senators includes considering, debating and voting on judicial nominations, including to the Supreme Court. I will carefully review and consider the record and qualifications of Neil Gorsuch.”
Sen. Cory Booker of New Jersey said he had “serious concerns” about the nomination.
Sen. Bob Casey of Pennsylvania said, “The Supreme Court plays a role of unique importance in our democracy and therefore nominees require substantial scrutiny. I will thoroughly review Judge Gorsuch’s record, particularly his appellate decisions and his answers to questions during the hearing and those submitted in writing afterward.”
Sen. Al Franken of Minnesota: “I have serious concerns about his judicial philosophy-especially on issues like access to justice, corporate accountability, workers’ rights, and women’s health.”
Sen. Jack Reed of Rhode Island: “All of President Obama’s Supreme Court nominees cleared a sixty vote threshold and President Trump’s nominee should adhere to the same standard.”
A spokeswoman for Sen. Michael Bennet of Colorado to the Denver Post: “As a fellow Coloradan, Michael congratulates Judge Gorsuch and his family. He takes seriously the Senate’s responsibility to advise and consent on Supreme Court nominations. He intends to review Judge Gorsuch’s record carefully in the coming weeks.”
Sen. Maria Cantwell of Washington: “I have concerns about Judge Gorsuch’s record on a number of important issues. We need a justice who will help move our country forward, not backwards, as part of a court that recognizes settled law.”
Sen. Patty Murray of Washington: “I have serious concerns about moving forward with a Supreme Court nomination at this time and will be joining those pushing back against jamming this nominee through or rushing a confirmation in any way.”
Sen. Ben Cardin of Maryland: “During the presidential campaign, Donald Trump said he would use litmus tests and select a justice in the mold of Antonin Scalia. I intend to dig deeply into Judge Gorsuch’s judicial and public record, but if he does fit into that extremist mold, it is troubling… The nominee must respect and embrace the civil rights and civil liberties of all Americans, as symbolized by the phrase ‘equal justice under law’ engraved on the Supreme Court’s entrance.”
Sen. Tom Carper of Delaware: “Given President Trump’s actions in defiance of our Constitution and our values during these early moments of his administration, I will also insist that Judge Gorsuch meet and exceed the highest bar before being approved by the United States Senate. My Democratic colleagues will insist on a fair, open and transparent process, and I implore my Republican colleagues to remember that minority rights must be preserved to prevent further politicization of the judiciary.”
Sen. Catherine Cortez Masto of Nevada: “Any individual who is nominated to serve on the Supreme Court will be making decisions with broad implications for our safety, our rights and our core values as Americans … and I believe Judge Neil Gorsuch’s views on the issues and his full record deserves to be intensely scrutinized.”
Sen. Dianne Feinstein of California: “I am deeply concerned that throughout his campaign the president promised to use litmus tests when choosing his nominee. Last October, when asked about the Supreme Court overturning Roe v. Wade, then-candidate Trump said ‘That will happen automatically, in my opinion, because I am putting pro-life justices on the court.’ Then tonight, President Trump declared, ‘I am a man of my word.’ That’s exactly what I’m afraid of. Judge Gorsuch voted twice to deny contraceptive coverage to women, elevating a corporation’s religious beliefs over women’s healthcare.”
Sen. Kamala Harris of California: “I am troubled by the nomination of Judge Gorsuch and will fight to ensure the voice of the American people is heard in this process.”
Sen. Martin Heinrich of New Mexico: “New Mexicans have made it clear to me that now more than ever they want an independent judiciary committed to defending the Constitution and the rule of law. I agree and any nomination to the highest court in the land should require more than a simple majority vote to ensure as much.”
Sen. Tom Udall of New Mexico: “I will thoroughly review the record of Judge Gorsuch and listen to the people of New Mexico before deciding how I will proceed with considering his nomination and how I will vote. However, I almost always disagreed with Justice Scalia’s opinions and politics, and I believe the nation would be better off with a more mainstream, centrist justice in his seat.”
Sen. Mazie Hirono of Hawaii: “I am deeply concerned that his choice for the Supreme Court, Judge Neil Gorsuch, will be a rubber stamp for the president’s radical agenda. We owe it to the American people to vet this nominee extensively and exhaustively. In the weeks and months ahead, I will carefully scrutinize Judge Gorsuch’s judicial philosophy, his views on a woman’s constitutional right to an abortion, his position on voting rights, and his thoughts on the balance between individual rights and corporate power, among other subjects.”
Sen. Tim Kaine of Virginia: “The importance of an appointment to the highest court in the land and the duty of upholding and defending our Constitution demand a higher threshold for confirmation than for any other appointee. The actions of the Trump administration over the past week raise the stakes to an even higher level. In considering Judge Gorsuch’s nomination and observing his confirmation hearing, I intend to carefully scrutinize his temperament and record, particularly on civil rights and other Constitutional guarantees.”
Sen. Patrick Leahy of Vermont: “From my initial review of his record, I question whether Judge Gorsuch meets the high standard set by Merrick Garland. And with the ideological litmus test that President Trump has applied in making this selection, the American people are justified to wonder whether Judge Gorsuch can truly be an independent justice. I intend to ask Judge Gorsuch about these and other important issues in the coming months.”
Sen. Robert Menendez of New Jersey: “I plan to carefully and closely review Judge Gorsuch’s entire legal career and judicial record, meet with him personally and determine if his interpretation of our Constitution is representative of long-standing American values. He must prove his dedication to fairness, nondiscriminatory justice, the equal protection of all Americans under the law and the ideals of this country.”
Sen. Chris Murphy of Connecticut: “I want a Supreme Court justice who will fairly interpret the law, uphold the Constitution, and keep politics out of the courtroom. I want a mainstream judge, not an ideological partisan. I’ll take a close look at Judge Gorsuch’s record and judicial philosophy, and ultimately make my decision based on whether he meets those straightforward expectations.”
Sen. Bill Nelson of Florida: “The confirmation of a Supreme Court justice is an awesome responsibility that I gladly accept. I will base my decision on a full examination of Judge Gorsuch’s judicial record and his responses to senators’ questions.”
Sen. Gary Peters of Michigan: “I take very seriously the Senate’s responsibility to advise and consent on all nominees, and every individual who could be serving on our nation’s highest court deserves to be fully vetted. As President Trump’s nominee moves through the judicial hearing process, I will be carefully reviewing his qualifications to serve on the Supreme Court, which is a pillar of American democracy.”
Sen. Debbie Stabenow of Michigan: “I have great concerns about this nominee. I’ll listen, I’ll meet with him. The cases I’ve seen that he has ruled on I’m very concerned about. But I think the biggest thing is that it needs to be a coming together and you do that with 60 votes.”
Sen. Mark Warner of Virginia: “Though I wish the president had taken the time to review a larger set of judicial candidates than the ones recommended by conservative advocacy organizations, Judge Neil Gorsuch has an impressive resume and academic background. However, his record must be thoroughly vetted to ensure his views and judicial philosophy are not out of the mainstream. I look forward to carefully reviewing Judge Gorsuch’s qualifications before deciding whether I believe he is fit to serve on our nation’s highest court.”
Sen. Sheldon Whitehouse of Rhode Island: “I think the point now is not so much that this guy is or isn’t qualified, the point right now is that we’ve got to make sure we try to protect the court from becoming the political delivery system the five Republicans have made it… We have seen the emergence of a five-member right-wing bloc on the Supreme Court that is not judicially conservative so much as it is politically conservative and very activist at pursuing those politically conservative goals.”