After two weeks of confirmation hearings before the Senate Judiciary Committee, Judge Neil Gorsuch of Denver’s 10th Circuit Court of Appeals faces a third and final week of hurdles. By Friday, Donald Trump’s Supreme Court nominee may finally replace the ninth seat left vacant after Antonin Scalia’s passing in early 2016. Though Democrats seem determined to do everything they can to stop that from happening.
The Road To The Filibuster
Unsurprisingly, Republicans both on and off the Judiciary Committee have showered Gorsuch with praise while tossing him a collection of softball questions about his judicial record. Sen. Al Franken (D-Minnesota), on the other hand, was nowhere near as nice. Franken was especially enraged over a 10th Circuit Court of Appeals case in which Gorsuch, citing what’s called the “plain meaning” rule, ruled in favor of TransAm over Alphonse Maddin in the infamous “frozen trucker” case. Maddin was fired for disobeying TransAm after his brakes froze, putting him in a perilous place between death by hypothermia or illegally delivering his shipment.
With those concerns, the investigation into Russia’s ties to the Trump administration, and the notion of payback for the Republicans decision to deny Merrick Garland a hearing prior to the election when President Obama nominated him to take Scalia’s seat, it appears that many Democrats are inclined to oppose Gorsuch and trigger a filibuster. Which could, in turn, trigger a response from Senate Republicans with far reaching implications.
And McConnell plans on using it. During an interview on Fox News Sunday, McConnell avoided saying the term “Nuclear Option” directly but argued that “Judge Gorsuch is going to be confirmed” regardless of Democrats’ intended filibuster. And by admitting “the way in which [Gorsuch’s confirmation” occurs is in the hands of the Democratic minority,” the Senate majority leader all but confirmed that he will push a 2013 rule change (that was initiated by Democrats) further by changing the threshold from 60 votes to a simple majority for Supreme Court nominees. Judiciary Committee member Orrin Hatch (R-Utah) later admitted as much on CNN.
Where Senate Democrats Stand
So far, three Senate Democrats have come out in support of Gorsuch’s nomination. As the New York Times astutely notes, all three hail from state won by Trump during the presidential election, and all three are up for re-election in 2018. Whether or not these political motivations directly played into their individual decisions to vote in Gorsuch’s favor remains to be seen. Also unknown is whether or not a fourth Democratic senator, who announced he would not support the filibuster, will outright vote for Gorsuch.
Though Democrats reportedly have enough votes to fillibuster, there’s still the chance that a deal will be struck with Sen. John McCain (R-Arizona) currently driving that effort. We’ll keep you updated on that and on the Democrats that voice support for a Yes vote on Gorsuch.
Here are the Democrats who fit that description presently:
Heidi Heitkamp (D-North Dakota)
Heitkamp previously criticized Republicans for their treatment of Garland. “Senate Republicans played politics at its worst with an honorable, deeply qualified jurist — arguably the most well qualified nominee in modern history — who had long been supported by Republican and Democratic senators for his unmatched experience,” she said, adding she was “disturbed” by Garland’s mistreatment.
Even so, the North Dakota politician came out on Thursday, March 30th with a statement declaring her intent to vote for Gorsuch. “He has a record as a balanced, meticulous, and well respected jurist who understands the rule of law,” Heitkamp said of Trump’s nominee. “He has unique and critical experience with tribal sovereignty, Indian law, and public lands issues in the west, and has received the endorsement of numerous tribes and major Native American organizations.”
Joe Manchin (D-West Virginia)
West Virginia’s Joe Manchin also blasted his Republican colleagues’ treatment of Garland while declaring his support for Gorsuch last Thursday. What they did, he told CNN’s Chris Cuomo, was “wrong” and “disgraceful.” As a result, Manchin argued, Democrats en masse felt “that’s how we were treated, so we’re going to treat them the same.” Even so, the senator state he would “vote to confirm [Gorsuch] to be the ninth justice on the Supreme Court” after “considering his record, watching his testimony in front of the Judiciary Committee and meeting with him twice.”
Joe Donnelly (D-Indiana)
The pendulum swung further in Gorsuch’s favor Monday morning, when Sen. Joe Donnelly of Indiana proclaimed he would vote for Trump’s Supreme Court nominee. In a statement to the press during the Judiciary Committee’s deliberations, Donnelly described Gorsuch as “a qualified jurist who will base his decision on his understanding of the law and is well respected among his peers.” He also spoke out against the threatened nuclear’s options potential use, saying the Senate should keep the previous 60-vote threshold necessary to end a filibuster.
Michael Bennet (D-Colorado)
Unlike Heitkamp, Manchin and Donnelly, Sen. Michael Bennet of Colorado didn’t necessarily come out and say he would vote for Gorsuch. However, he did lend his political weight against the Democrats’ desired filibuster: “I don’t think it’s wise for our party to filibuster this nominee or for Republicans to invoke the nuclear option.” Unlike his party colleagues, Bennet finds himself in an odd position as the politician described as a “centrist” by Politico introduced Gorsuch, a Colorado judge, during the first day of his Senate confirmation hearing two weeks prior. The traditionalist is “struggling” with the matter, according to the political news blog, and his pseudo defection on Monday doesn’t bode well for his party’s case against Gorsuch.
UPDATE #1: After Thursday’s Senate vote of 55 to 45, by which Republicans didn’t reach the 60 votes necessary to end the debate over Gorsuch’s nomination, the GOP invoked the nuclear option. As a result of the ensuing rule change, all that’s needed to confirm him is 52 votes. Seeing as how Heitkamp, Manchin and Donnelly all voted for Trump’s SCOTUS pick, the 52 Senate Republicans have a slight advantage over their Democratic rivals and will likely confirm Gorsuch.
UPDATE #2: On Thursday, the Senate voted 54 to 45 to confirm Gorsuch, thereby launching Trump’s nominee onto the Supreme Court. Of the 54 senators who voted for the Colorado judge, 51 were Republicans and three — Heitkamp, Manchin and Donnelly — were Democrats. 42 Democrats, including Bennet, stuck to party lines, while independents Bernie Sanders (Vermont) and Angus King (Maine) sided with them. Republican Johnny Isakson (Georgia) did not participate in the final vote, as he is recovering from back surgery, though he did release a statement supporting Gorsuch’s confirmation.