West Virginia Sen Joe Manchin and North Dakota Sen Heidi Heitkamp announced in separate statements yesterday that they would join the 52 Senate Republicans in supporting the Denver-based appellate judge. A Senate vote on confirmation is expected later next week.
"I hold no illusions that I will agree with every decision Judge Gorsuch may issue in the future, but I have not found any reasons why this jurist should not be a Supreme Court Justice," said Manchin.
Senate Minority Leader Chuck Schumer, D-NY, said last week that Democrats would filibuster the nomination. With a 52-seat majority, Republicans need eight Democrats to vote with them to break the 60-vote threshold to move forward.
It's unclear if they will have those votes -- of the 10 Senate Democrats who are up for re-election in states Trump won, five have already said they will vote against him.
McConnell has made it clear he will change the rules if he doesn't get the votes, meaning they could proceed to a final confirmation vote with only a simple majority.
Missouri Sen Claire McCaskill, who says she is torn over how to vote, highlighted the dilemma for Democratic senators running next year in states that Trump won.
Should they vote for Judge Neil Gorsuch and anger their liberal base? Or vote to block Gorsuch and prompt Republicans to permanently change Senate rules to eliminate the filibuster? The rule change would allow Gorsuch to be confirmed quickly and also make it easier for the majority party to confirm justices in the future.
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