Democratic senator Patrick Leahy of Vermont said Tuesday that he would need answers to his written questions from Judge Neil Gorsuch before deciding whether to vote for cloture on his nomination to the Supreme Court.
If Leahy were to vote for cloture, it would mean one fewer Democrat to sustain a filibuster, should they try to block President Trump’s nominee.
“I said I would vote,” Leahy said at the Capitol. But on Twitter, Leahy said that he had asked Gorsuch “tough but fair Qs on executive power & recusal,” and that he would need answers before deciding on a procedural vote.
Previously, Leahy, a senior member of the Senate Judiciary Committee, had said that he was not inclined to filibuster Gorsuch, but he later qualified that statement by saying it would depend on how forthright Gorsuch is as he answers questions from Democrats.
Leahy’s statement still means Gorsuch has a way to go before he can advance in the Senate. With 52 Republican lawmakers, the GOP needs at least eight Democratic votes in favor of ending debate to get to 60 votes. If that threshold can be reached, Gorsuch could then be confirmed by a simple majority.
But other than Leahy, only Sen. Joe Manchin, D-W.Va. has indicated that he might be open to helping Republicans get to 60 votes.
This post has been corrected to accurately reflect Leahy’s remarks about Gorsuch. The original story said Leahy was prepared to vote for cloture already on the nominee.
