Senate Democrats are beginning to line up against Supreme Court nominee Neil Gorsuch, increasing the chances the Senate will enact a “nuclear option” that would thwart the minority filibuster for high court picks.
Sen. Charles Schumer, D-N.Y., the minority leader, announced he would vote against Gorsuch, an expected move, but one that could set the tone for rank-and-file Democrats on the fence about his nomination.
Sens. Bob Casey, D-Pa., Tammy Baldwin, D-Wis., and Tom Carper, D-Del., also announced opposition to Gorsuch, and the list is likely to grow significantly.
At least eight Democrats are needed to end a filibuster party lawmakers have announced against Gorsuch, who is now serving as a judge on the 10th Circuit Court of Appeals.
So far, not one Senate Democrat has pledged to vote in favor of him, although some red-state Democrats up for re-election in 2018 may have a difficult time rejecting him.
Majority Leader Mitch McConnell has sent a warning to Democrats that he’ll ensure Gorsuch is seated on the Supreme Court no matter how they vote, signaling he’s willing to change Senate rules that would lower the threshold for his confirmation from 60 votes to 51 votes. Such a move would completely bypass the Democrats, who control 48 votes.
McConnell announced that the Senate will take up the Gorsuch nomination the week of April 7, prior to a two-week congressional recess.
“We’ll confirm him before we leave,” McConnell told reporters last week.
Gorsuch on Thursday concluded a week of confirmation hearings before the Senate Judiciary Committee, winning high marks for his performance by Senate Republicans. Gorsuch batted down attempts by Democrats to reveal how he might rule on issues pertaining to abortion, campaign finance and gay marriage.
“His answers reflected what we’ve all come to find about the judge over the past several weeks,” McConnell said. “He has sterling credentials and a reputation as a fair and impartial jurist. He’s also known to be a gifted writer, smart, kind and humble, and independent.”
But Democrats declared Gorsuch elusive and said he did nothing to ensure he would serve as an adequate check on the executive branch.
Schumer has called for postponing consideration of any high court pick until the Justice Department concludes a probe into alleged connections between Trump’s political campaign and Russian operatives.
He said he’ll oppose Gorsuch because he evaded answers during his confirmation hearing about how he would rule on particular issues.
Gorsuch’s record, Schumer said, suggests he is a judge “with a deep-seated conservative ideology.”
Republicans have argued that the standard for not revealing judicial philosophy was set by Justice Ruth Bader Ginsberg, who was nominated by former President Bill Clinton in 1993.
But Democrats dismissed the GOP’s argument.
“He declined to answer question after question after question with any substance,” Schumer said. “Absent a real description of his judicial philosophy, all we have to judge the judge on his record.”
Much of the Democratic opposition in the Senate, however, has nothing to do with Gorsuch.
The party remains deeply angry over McConnell’s decision last year to block consideration of Merrick Garland, who former President Barack Obama selected to replace the late Justice Antonin Scalia on the Supreme Court.
“I think we should not move forward on the Gorsuch nomination until Merrick Garland’s nomination has been dealt with fairly,” Carper told the Washington Examiner.
