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Chuck Schumer: Democrats Will Filibuster Neil Gorsuch's Nomination

The top Democrat said his party will insist that the president's Supreme Court pick be confirmed with at least 60 votes.
By 

Washington Bureau Chief, HuffPost

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Senior Politics Reporter, HuffPost

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WASHINGTON ― Senate Minority Leader Chuck Schumer (D-N.Y.) announced Thursday that he will vote against President Donald Trump’s pick for the Supreme Court, adding that Democrats will also demand that Neil Gorsuch get at least 60 votes to be confirmed.

Some Senate Democrats have been quietly looking for ways to cut a deal with Majority Leader Mitch McConnell (R-Ky.) related to Gorsuch. One idea is to agree to give Gorsuch an up-or-down vote ― where he would need just 51 votes for confirmation ― in exchange for Republicans restoring the 60-vote requirement for advancing district and circuit court nominees.

But Democratic leadership hasn’t been a part of those discussions, and Schumer’s announcement on Thursday made it clear that such a deal won’t fly if he has anything to do with it. 

His news on Gorsuch comes even before many members of his party have said where they’ll come down. On Thursday, Sen. Bob Casey (D-Pa.) told reporters that he plans to vote against Gorsuch, too. He’s one of 10 Democratic senators up for re-election in 2018.  Sens. Elizabeth Warren (D-Mass.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.) and Kirsten Gillibrand (D-N.Y.) are among the Democrats who previously said they would oppose Gorsuch.

Schumer has long said that Democrats would block any Trump Supreme Court nominee not in the “mainstream.” They have raised red flags about Gorsuch, who is currently a judge on the 10th Circuit Court of Appeals, over his record of siding with employers in workers’ rights cases. Democrats also have problems with how Gorsuch came to be Trump’s nominee: He was recommended to the president by the Heritage Foundation and The Federalist Society, two prominent conservative groups.

White House press secretary Sean Spicer on Thursday criticized Schumer for vowing to use the procedural maneuver to try to stop Gorsuch. Filibusters are fairly uncommon for Supreme Court nominees.

“We find Sen. Schumer’s announcement truly disappointing because it breaks with the tradition of how the Senate has handled Supreme Court confirmation votes in modern time and represents the type of partisanship that Americans have grown tired of,” Spicer said during his daily briefing. 

He noted that Trump hasn’t talked with McConnell about his strategy for confirming Gorsuch, but expects the president will reach out to the GOP leader as he wraps up negotiations with Republicans on their Obamacare repeal bill.

CORRECTION: The story did not initially include Gillibrand on the list of senators opposed to Gorsuch. 

This article has been updated with comment from Sean Spicer.

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Before You Go

LGBTQ Reactions To Neil Gorsuch's Nomination
Human Rights Campaign(01 of10)
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“Never in the history of our movement have we had more at stake as a community, or as a country. Since the moment he stepped foot in the Oval Office, President Trump has attacked equality. He has signed executive orders that undermine our country’s most cherished values and appointed anti-LGBTQ cabinet nominees who have spent their careers undermining civil rights. And now, he has nominated Judge Gorsuch to the Supreme Court, fulfilling his campaign promise to nominate a justice in the mold of Antonin Scalia, one of the most vehemently anti-LGBTQ justices to ever sit on the court who once went so far as to compare gay people to murderers." -- President Chad Griffin (credit:Bloomberg via Getty Images)
National LGBTQ Task Force(02 of10)
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“Judge Neil Gorsuch’s record reveals a jurist who: believes that bosses should control their employees’ private health care decisions; supports the misuse of religion to legalize discrimination; and holds LGBTQ equality with disdain. He is also a darling of those who are vehemently opposed to marriage equality. He seems like someone who aligns perfectly with Donald Trump and Mike Pence’s view of the world, but is completely out of touch with the realities of most people’s lives.” -- Executive Director Rea Carey (credit:Tom Williams via Getty Images)
GLAAD(03 of10)
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“He has record of advocating for anti-LGBTQ rhetoric or supporting candidates that are in favor of open discrimination against people and families who simply want to be treated the same as everyone else. Gorsuch’s presence on the Supreme Court will affect the law of the land for generations to come – long after Trump is out of office, and will turn back the clock on equality and acceptance.” -- GLAAD President and CEO Sarah Kate Ellis (credit:Kevin Lamarque / Reuters)
Freedom For All Americans(04 of10)
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"It is the obligation of the Supreme Court as the legal arbiter of the nation to protect all Americans under the mandates of the U.S. Constitution, and that includes treating LGBT Americans with fairness and respect. We urge the Senate Judiciary Committee not to move Gorsuch's nomination to the Senate floor. With a record of defending religious liberty at the cost of infringing on individual liberties, Gorsuch's confirmation could mean the rollback of basic freedoms and crucial protections for vulnerable LGBT people across America." -- Executive Director Matt McTighe (credit:Bill Clark via Getty Images)
GLBTQ Legal Advocates & Defenders (GLAD)(05 of10)
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"I didn’t expect I would be happy about tonight’s announcement, but I have to tell you that I have grave concerns about Judge Gorsuch’s record... Judge Gorsuch has expressed skepticism about the judiciary’s role in defining and protecting constitutional liberties and freedoms that are central to LGBTQ equality and reproductive health care. He has wrongly and anemically interpreted the Constitution to make it harder for individuals to seek equal protection under the law. And he has expressed hostility to our progressive movements’ use of the judicial process to safeguard constitutional liberties and protections for all." -- Executive Director Janson Wu (credit:Joshua Roberts / Reuters)
Lambda Legal(06 of10)
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“The Hobby Lobby decision set a terrible and destructive standard for bosses being allowed to meddle in our sex lives and decide whether or not birth control is covered by the employer’s insurance plan... We absolutely must not confirm a Supreme Court nominee who has ruled that the religious beliefs of employers can trump the law. It is a short hop from birth control restrictions to restrictions on the intimate relationships and health care needs of LGBT people.” -- Rachel B. Tiven, CEO (credit:Alex Wong via Getty Images)
The SF LGBT Center(07 of10)
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"From the day Mr. Trump took office, his chaotic and dishonest administration has worked overtime to undermine and divide our communities. The nomination of Judge Gorsuch to the Supreme Court is just another example of his contempt for women, LGBTQ people, people of color, immigrants, and the environment." -- Executive Director Rebecca Rolfe (credit:Joshua Roberts / Reuters)
One Colorado(08 of10)
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“Religious freedom is a core American value that we all cherish, and it is already protected by the Constitution. Attempts to give a license to discriminate through religious exemptions are contrary to the notion that we should treat others as we wish to be treated and scores of faith leaders have spoken out against such policies — including last week here in Colorado. A Supreme Court that would rule in support of religious exemptions would certainly open LGBTQ Americans up to discrimination and open up a can of worms that could allow individuals to ignore child welfare, domestic violence, or other laws that someone could contend is contrary to their religion." -- Executive Director Daniel Ramos (credit:Kevin Lamarque / Reuters)
Los Angeles LGBT Center(09 of10)
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"His judicial philosophy and record is as out of the mainstream as any nominee could be, and the fact that he describes himself as the ‘second coming of Antonin Scalia’—the most notoriously anti-LGBT Justice to ever serve on the nation’s highest court—should be alarming to all. We urge all fair-minded people to call their senators and urge them to conduct an extreme vetting of Judge Gorsuch. If he cannot unequivocally say that the Supreme Court’s decisions upholding the constitutional freedom and equality of LGBT people over the last 20 years are—and will—remain the law of the land, then he must be rejected.” -- Lorri L. Jean, CEO (credit:Carlos Barria / Reuters)
Equality California(10 of10)
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"Across the country, we’re currently facing an onslaught of so-called religious freedom bills that give individuals or businesses permission to deny services to LGBT people in the name of religion. They give people a pretext to discriminate against LGBT people. Donald Trump has expressed support for similar policies. It’s more important than ever to ensure that justices – who support full equality and constitutional principles like the separation of church and state – are appointed to the Supreme Court." -- Executive Director Rick Zbur (credit:Kevin Lamarque / Reuters)
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