Democrats Have Enough Votes for a Gorsuch Filibuster

By Published on April 3, 2017

Senate Democrats secured enough votes to sustain a filibuster of Judge Neil Gorsuch’s nomination to the Supreme Court, ensuring Republicans will abolish cloture votes on high court nominees.

Democratic Sen. Chris Coons of Delaware became the 41st Democrat to publicly commit to blocking Gorsuch’s nomination before it reaches the Senate floor Monday afternoon. Current Senate rules require the chamber to hold a procedural vote closing debate on a nomination or piece of legislation. The vote requires the support of 60 senators — a group of 41 senators or more can permanently block the Senate from taking action on a particular matter.

Coons told the panel that he was reluctant to support the filibuster, and hoped the parties would broker a deal to avoid abolishing it for Supreme Court nominees.

“The principles that have defined the Senate are crumbling, and we are poised to hasten that this week,” he said.

Another key Democrat on the panel, Sen. Patrick Leahy, also announced he would back the effort to block Gorsuch. Leahy, a Senate veteran with a strong institutionalist streak, previously expressed recalcitrance about such an aggressive maneuver — only four Supreme Court nominees have been filibustered since the Truman administration.

“I am not inclined to filibuster, even though I’m not inclined to vote for him,” he told local media last week.

But by Monday, he announced he had settled on a decision.

“I have often said that the Senate, at its best, can be the conscience of the nation,” he said. “I must now vote my conscience, both today and later this week.”

Gorsuch is almost guaranteed to win the confirmation vote. Fifty-five senators — including all 52 Republicans and three Democrats, have announced they will support his nomination once it reaches the floor. Senate Majority Leader Mitch McConnell told Fox News Sunday that the manner in which Gorsuch is confirmed is up to the Democratic caucus.

“What I’m telling you is that Judge Gorsuch is going to be confirmed,” he said. “The way in which that occurs is in the hands of the Democratic minority.”

 

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