Democrats and Republicans in the Senate will face off next week over President Trump’s pick for the Supreme Court while the House pads its schedule with business-focused legislation as behind-the-scenes talks continue on reviving a healthcare reform bill and passing a government spending measure.
In the Senate, Republicans will be seeking the support of eight Democrats to help them to confirm Supreme Court nominee Neil Gorsuch, who under current rules will require 60 votes to avert a filibuster.
Senate Majority Leader Mitch McConnell scheduled a vote on Gorsuch late in the week, and a key procedural vote will take place as early as Thursday, according to Majority Whip John Cornyn. But votes could extend into Saturday.
Congress leaves town for a two-week recess at the end of next week, and GOP leaders are committed to seating Gorsuch on the high court by then.
“I don’t think the nominee will be hanging out there over the break,” Cornyn told the Washington Examiner.
Two Democrats, Sens. Joe Manchin of West Virginia and Heidi Heitkamp of North Dakota, announced last week they will back Gorsuch. Senate Minority Leader Chuck Schumer, D-N.Y., has called on Senate Democrats to vote against Gorsuch, who Schumer has described Gorsuch as an ultra-conservative nominee who sides with special interest groups.
Democrats are also wary of what a successful filibuster means — a possible unilateral rules change forced through by Republicans.
“If Judge Gorsuch fails to garner 60 votes, the answer isn’t to irrevocably change the rules of the Senate,” Schumer said last week. “The answer is to change the nominee.”
But if Republicans come up short of finding six more “yes” votes among the Democrats, McConnell has all but guaranteed he will use the so-called nuclear option to change longstanding Senate rules and lower the threshold from 60 votes to 51.
“We’ll give them a chance to do the right thing, probably on Thursday,” Cornyn said, referring to the 60-vote procedural hurdle to break a filibuster. Final confirmation of Gorsuch would then require just 51 votes.
Cornyn said the Senate won’t do much else next week other than take up any remaining House-passed resolutions reversing Obama-era regulations.
“If there is time to slip in a congressional resolution of disapproval we’ll do that, but that’s about it,” Cornyn said.
The Republican-led House is still vying for a chance to pass healthcare reform legislation after pulling the measure last month. Conservatives are negotiating with their rank-and-file to come up with the votes, but GOP leaders have not scheduled a vote.
“Additional legislative items are possible,” Majority Leader Kevin McCarthy, R-Calif., announced Thursday.
The Republican-led House will in the meantime fill the schedule with bills sponsored by lawmakers on the Financial Services Committee aimed at job creation and entrepreneurship.
The House will vote on the Encouraging Employee Ownership Act, which raises the threshold required by businesses to provide disclosures to investors. Sponsors of the bipartisan measure say reducing disclosure requirements will help expand business ownership.
“Forcing a company to make confidential disclosures that could easily fall into the wrong hands and harm the company discourages ownership,” said sponsor Randy Hultgren, R-Ill.
The House will also vote on the Supporting America’s Innovators Act, which would make it easier for small businesses to access investments from venture capital funds by raising the number of people who can invest in those funds from 100 to 250.
“With small business lending down, we need to pursue policy that encourages greater innovation in capital formation and allows American to invest in each other,” said Rep. Patrick McHenry, R-N.C., a sponsor of the bill.
