Senate Minority Leader Chuck Schumer on Wednesday called for a 60-vote threshold to confirm Supreme Court nominee Neil Gorsuch, a sign that Democrats will try to force President Trump’s “not even close to normal” presidency to nominate a more moderate judge.
On the Senate floor, the New York Democrat stopped short of pledging to vote against Gorsuch, a 10th Circuit Court judge. But Schumer suggested he would oppose Gorsuch based on his record of opinions in corporate cases and writings that appear to criticize liberal politics.
“Now more than ever we require a justice who will fulfill the Supreme Court’s role in our democracy as a check and balance on the other branches of our government,” Schumer said. “I have very serious doubts that Judge Neil Gorsuch is up for the job.”
Schumer argued that Republicans should not change Senate rules if Gorsuch cannot win 60 votes. Instead, he argued President Trump should “change the nominee” to a “more mainstream candidate” who can win 60 votes.
Republicans control 52 votes. It’s unclear whether eight Democrats will vote to support Gorsuch and stop a filibuster, but Majority Leader Mitch McConnell, R-Ky., has suggested the GOP will confirm the nominee with Democrats or by changing the Senate rules so that only 51 votes are needed to seat him on the high court.
McConnell endorsed Gorsuch in a floor speech Wednesday, calling him a “superbly qualified candidate.” McConnell said Democrats should allow an up-or-down vote on Gorsuch just as the GOP allowed confirmation votes to proceed for two of the three Supreme Court nominees put forward by President Obama.
Republicans blocked consideration of Merrick Garland because they said it was too close to the presidential election.
“I expect Democrats who insist we need nine [justices] to follow through on giving that advice by giving the new nominee a fair consideration and up-or-down vote just as we did for past presidents of both parties,” McConnell said.
But Schumer said Democrats must guard against approving a new justice who pushes the court further right, particularly in the area of corporate law.
“The court under Chief Justice Roberts has shown increasing drift to become a more pro-business, pro-special interest court, siding more with corporations and employers and special interest over working and average Americans,” Schumer said, adding that a “mainstream” justice would “reverse that trend.”
Schumer said the next Supreme Court justice needed to serve as a buffer to the Trump administration, which has carried out a string of executive actions that have angered Democrats.
“This administration seems to have little regard for the rule of law and is likely to test the Constitution in ways that it hasn’t been challenged in decades,” Schumer said.
