Fifteen Democrats (and one Independent) remain undecided on whether to filibuster Neil Gorsuch’s nomination to the Supreme Court, according to one news outlet’s recent count.
The Senate Judiciary Committee is scheduled to vote on President Donald Trump’s nominee on Monday, April 3; Senate Majority Leader Mitch McConnell (R-Ky.) has said that a vote to confirm Gorsuch will take place on the Senate floor on Friday, April 7. The Senate goes on a two-week recess after that.
Senate Minority Leader Chuck Schumer (D-N.Y.) has called for a filibuster, which would force Republicans to win 60 votes for Gorsuch’s nomination. Thirty Democrats (including Independent Bernie Sanders of Vermont) have said they’ll support the filibuster.
Republicans have threatened to employ the so-called “nuclear option,” changing the rules to confirm Gorsuch with a simple majority—though the move would be controversial and could come back to bite the GOP when they are no longer in the majority.
It is not clear that all Republicans would back McConnell’s use of the nuclear option. Sen. Susan Collins (R-Maine), for example, said this week that while she supports Gorsuch’s nomination, she wasn’t sure if she would vote for the rule change. “I don’t want to change the rules of the Senate, and I hope we’re not confronted with that choice,” she said.
Meanwhile, NBC News says the following Democrats (and one Independent) remain undecided on the filibuster:
- Ben Cardin (Md.)
- Bob Menendez (N.J.)
- Brian Schatz (Hawaii)
- Catherine Cortez Masto (Nev.)
- Chris Coons (Del.)
- Claire McCaskill (Mo.)
- Dianne Feinstein (Calif.)
- Joe Donnelly (Ind.)
- Jon Tester (Mont.)
- Maria Cantwell (Wash.)
- Mark Warner (Va.)
- Michael Bennet (Colo.)
- Patrick Leahy (Vt.)
- Richard Blumenthal (Conn.)
- Tammy Duckworth (Ill.)
- Angus King (Maine)
Several of those senators—such as Cardin and Leahy—have announced their opposition to Gorsuch, but haven’t come down firmly on a filibuster.
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