Steny Hoyer: GOP invoking nuclear option for Gorsuch would be ‘very substantial mistake’

Hoyer made the comments one day after Senate Democrats reached the necessary 41 Democrats to filibuster Gorsuch’s nomination. He told reporters that while he believes Gorsuch meets the criteria of being an “outstanding jurist by intellect and by training,” it’s not unreasonable for a Senate member to vote against him for political differences. He also hinted that Gorsuch is qualified to serve on the high court.

“My own view is Gorsuch certainly meets the criteria of being an outstanding jurist by intellect and by training,” Hoyer said. “But I believe it is not illegitimate for a member of the United States Senate to say, ‘I do not believe he would take the country in the right direction. … Therefore, I’m not going to vote for him not because I believe he is not by intellectual and by training qualified to be a Supreme Court justice — clearly, Gorsuch is that. But whether or not I believe representing my state and my people that this person is going to take us on a path of protecting the constitutional rights of our citizens, the responsibilities of government, making fair judgments on what they can and cannot do,’ I think that’s a very different vote.

“So in that case, I think the Senate would be making a very substantial mistake if it changes the 60-vote rule,” Hoyer said, adding that Supreme Court justices are “unique.”

Since several Senate Democrats announced their opposition to Gorsuch at Monday’s Senate Judiciary Committee vote, Senate Republicans have increasingly come out in favor of the nuclear option. Sen. John McCain, R-Ariz., a longtime opponent of a change to the Senate rules, said he would support the change because of the need to confirm Gorsuch.

Senate Republicans are planning a vote on Gorsuch’s nomination prior to a two-week recess that starts Saturday.