Published: Sun, March 26, 2017
National | By Miranda Cannon

Democrats to filibuster Neil Gorsuch nomination to Supreme Court, Schumer says

There's precedent for that: In 1991, Democrats had the votes to filibuster Clarence Thomas but didn't, and he was confirmed by a vote of only 52-48, which just happens to be the split between Republicans and Democrats in the current Senate. "I urge my colleagues to do the same", Schumer said. In Thursday's confirmation hearings, Schumer argued that Gorsuch had failed to "convince me that he would be a mainstream judge who could rule free from the biases of politics and ideology", according to the Washington Times.

Unlike with other cabinet nominees, Democrats retain the ability to filibuster Supreme Court nominees.

Schumer said if Gorsuch can not attract 60 votes, "the answer isn't to change the rules". He added, "If a judge can't 60 votes, you don't change the rules, you change the judge or the nominee".

Another option for McConnell: Republicans could change the rules (as Democrats did for lower court judges in 2013) and make it a simple 51-vote majority to confirm.

Another witness was Jeff Perkins, father of an autistic son who Gorsuch ruled against in 2008 in a special-education dispute using legal reasoning repudiated by the Supreme Court in a related case on Wednesday. Most recently, the Democrats had employed that tactic elsewhere, as former Senate Majority Leader Harry Reid invoked it to assist in the confirmation of Obama's judicial and executive nominees.

Democrats remain upset that Judge Merrick Garland-nominated by Obama to take over the seat vacated by the late Antonin Scalia-was not even given a hearing by the Republicans past year.

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He pushed even harder in that direction in his interview with Politico.

"After careful deliberation, I have concluded that I can not support Judge Neil Gorsuch's nomination to the Supreme Court", Mr Schumer said.

Grassley told Gorsuch today that some of the justices on the bench now are not in favor or having cameras in the courtroom when they are hearing arguments.

Stewart also pushed back against Schumer's claim of the 60-vote "bar", noting that the norm is not requiring a cloture vote on Supreme Court nominations. So, while Democrats can't block Gorsuch, they may be able to extract some concessions for their cooperation.

"I think that we've heard Sen". To start, they will place the many Democratic Senators who must stand for reelection in 2018 in states that voted for President Trump in 2016 in a no win situation.

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