Dems launch attacks ahead of Supreme Court showdown

Dems launch attacks ahead of Supreme Court showdown
© Victoria Sarno Jordan

Senate Democrats are taking their opening shots at President Trump’s Supreme Court nominee, Judge Neil Gorsuch, ahead of a confirmation battle set to begin next week.

Democrats and outside groups are painting Gorsuch as anti-worker and questioning if he’ll be willing to stand up to the Trump administration.

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Up until now, the confirmation process for Gorsuch has largely been free of drama. The lack of fireworks has bolstered confidence among Republicans that he will ultimately be confirmed.

But Democratic lawmakers and their allies on the left are seeking to change that by turning up the pressure.

Winnie Stachelberg, the external affairs executive vice president for the Center for American Progress (CAP), said at an event with Sen. Amy KlobucharAmy Jean KlobucharOvernight Cybersecurity: Bipartisan bill aims to deter election interference | Russian hackers target Senate | House Intel panel subpoenas Bannon | DHS giving 'active defense' cyber tools to private sector Pawlenty opts out of Senate run in Minnesota Nielsen says 'possible' Trump used vulgar language in meeting MORE (D-Minn.) on Monday that CAP believes the Senate “should firmly reject” Gorsuch.

“The broad question presented by this nomination is: Will we allow the court to become a full-fledged promoter of pro-corporate, anti-consumer, anti-worker, anti-small-business, anti-middle-class agenda for decades?” she asked.

Democrats are focusing on that message as they gear up for next week’s fight.

Matt House, a spokesman for Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerDemocrats will need to explain if they shut government down over illegal immigration White House: Trump remarks didn't derail shutdown talks Schumer defends Durbin after GOP senator questions account of Trump meeting MORE (D-N.Y.) said on Twitter Monday, “Judge Gorsuch has repeatedly sided with powerful interests and [Democrats] will hold him accountable for it.”

The spokesman confirmed that Schumer would hold a public press event on Wednesday with individuals that he says were negatively affected by Gorsuch’s decisions. The New York Times first reported the event.

Sen. Patty MurrayPatricia (Patty) Lynn MurrayCDC director to miss fourth hearing because of potential ethics issues Week ahead: Lawmakers near deal on children's health funding Ryan suggests room for bipartisanship on ObamaCare MORE (Wash.), the No. 3 Senate Democrat, as well as Sens. Jeff MerkleyJeffrey (Jeff) Alan MerkleyEarly tax bill reality very different than Democratic rhetoric Senate GOP seeks to change rules for Trump picks Dem senators tear into Trump: Tax bill 'a very big Christmas gift from Trump to himself' MORE (D-Ore.) and Ed MarkeyEdward (Ed) John MarkeyDemocrats search for 51st net neutrality vote Overnight Regulation: Dems claim 50 votes in Senate to block net neutrality repeal | Consumer bureau takes first step to revising payday lending rule | Trump wants to loosen rules on bank loans | Pentagon, FDA to speed up military drug approvals Dems say they have 50 votes in Senate to overrule net neutrality repeal MORE (D-Mass.), each criticized Gorsuch last week as having an “anti-worker, pro-corporate record.”

“I am very concerned that, should he end up on the court, he would side with conservative justices in continuing to undermine workers’ protections, safety and ability to organize,” Murray said.

Democrats are also skeptical that Gorsuch would be transparent and willing to stand up to the Trump administration.

They argue that because Trump is more likely to push the boundaries of the law, the Senate should place extra weight on Gorsuch’s judicial independence.

Gorsuch stirred Democratic ire after he privately called Trump’s criticism of a judge that ruled against his temporary travel ban targeting seven Muslim-majority countries “disheartening” but declined to speak out publicly.

“There are real questions about the kind of justice that Neil Gorsuch would be, and he needs to answer them openly and honestly, not with the kind of dodges and misrepresentations we have heard from other Trump nominees,” Sen. Patrick LeahyPatrick Joseph LeahyNSA spying program overcomes key Senate hurdle McConnell to Dems: Don't hold government 'hostage' over DACA Nielsen acknowledges Trump used 'tough language' in immigration meeting MORE (D-Vt.), a member of the Judiciary Committee, said on Monday.

Sen. Richard Blumenthal (D-Conn.) sent a letter to the Heritage Foundation and the Federalist Society asking them to hand over any documents related to helping the administration vet Trump’s list of nearly two dozen potential Supreme Court nominees.

Blumenthal was expected to hold a press conference on Tuesday raising “serious concerns” about Gorsuch’s “partisan background,” but the presser was canceled ahead of a snowstorm. The press conference could be rescheduled for later this week, a spokeswoman said.

The Supreme Court seat has been vacant since February 2016, when Justice Antonin Scalia died. Republicans refused to give Judge Merrick Garland, President Obama’s nominee, a hearing or a vote, arguing that the vacancy shouldn’t be filled during a presidential election year. 

Republicans want to hold a confirmation vote on Gorsuch by early April, before the Senate leaves for a two-week spring recess.

“If Senate leadership rushes through confirmation of Gorsuch in the next few weeks, after holding the position open for more than a year, it will cast the same shadow of illegitimacy that now lies over the White House over the Supreme Court,” People for the American Way, a liberal outside group, said in a memo Monday.

Sen. Sheldon WhitehouseSheldon WhitehouseSenate Finance Dems want more transparency on trade from Trump Trump, Kushner meet with advocates on prison reform Democrats search for Russians — any Russians — for collusion story MORE (D-R.I.) and outside groups are also taking aim at Gorsuch’s stance on campaign finances — a key issue for progressives who want the Supreme Court to overturn the 2010 Citizens United case that removed limits on what corporations can donate to political action committees.

Outside groups Every Voice, Demos and the NAACP are expected to give Whitehouse a letter from more than 100 organizations, including labor unions and watchdog groups, that asks senators to “scrutinize thoroughly Gorsuch’s record and views on money in politics,” according to Whitehouse’s office.

Meanwhile, red-state Democrats up for reelection in 2018 are under a mountain of pressure from both the left and right.

Some of the liberal groups opposing Gorsuch have threatened to mount primary challenges in 2018 against Democrats who vote for him.

Sen. Bob CaseyRobert (Bob) Patrick CaseySenate campaign fundraising reports roll in Senate Finance Dems want more transparency on trade from Trump Trump's 's---hole' remark sparks bipartisan backlash MORE Jr. (D-Pa.) walked a fine line during a town hall over the weekend, saying he had “concerns” about Gorsuch but that he wouldn’t announce his vote until after the confirmation hearings.

“I have substantial, real, significant, major concerns,” he said, according to the Philadelphia Inquirer.

Republicans are expected to concentrate on Democrats such as Casey, who are up for reelection in states carried by Trump, as they look to poach support for Gorsuch.

They will need the support of at least eight Democrats to clear the nominee through the Senate without going “nuclear,” a historic step that would lower the threshold for confirming Supreme Court nominees from 60 votes to a simple majority.

Republicans and their allies are brushing off the growing attacks from Senate Democrats as desperation.

“In general the Democrats have had a really hard time coming up with a consistent angle. They’re throwing spaghetti at the wall, and this is more of the same,” said Carrie Severino, chief counsel of the Judicial Crisis Network.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSessions: 'We should be like Canada' in how we take in immigrants NSA spying program overcomes key Senate hurdle Overnight Finance: Lawmakers see shutdown odds rising | Trump calls for looser rules for bank loans | Consumer bureau moves to revise payday lending rule | Trump warns China on trade deficit MORE (R-Ky.) praised Gorsuch on Monday, noting that the American Bar Association gave the circuit judge its highest rating.

“The endorsements for Supreme Court nominee Judge Neil Gorsuch keep rolling in across the political spectrum,” he said. “We should give him the fair consideration, debate and up-or-down vote that he deserves.”