Democratic Sen. Jeff Merkley speaks all night against Gorsuch

Democratic Sen. Jeff Merkley spoke on the Senate floor against the Supreme Court nomination of Neil Gorsuch for more than 14 hours starting Tuesday night, and was continuing as of 9:15 a.m. Wednesday.

The marathon speech, which began Tuesday at 6:46 p.m., isn’t technically a filibuster. Senate Majority Leader Mitch McConnell filed cloture earlier Tuesday and a procedural vote on Gorsuch will place on Thursday, and Democrats are powerless to stop that vote.

“I plan to keep speaking for quite a while longer, as long as I’m able,” Merkley said on the floor. He said Gorsuch is an “extreme” nominee, and spoke about a “stolen” seat that he was chosen to fill, a reference to Merrick Garland, who was former President Barack Obama’s choice to replace the late Antonin Scalia.

Only four Democrats have said they will join Republicans to advance Gorsuch by voting to end debate. But that will only lead to 56 votes to end debate, below the 60 votes needed. Republicans are then expected to use the “nuclear option,” which would allow them to pass a Supreme Court nominee with a simple majority.

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