Key Dem McCaskill to oppose Gorsuch, back filibuster

Key Dem McCaskill to oppose Gorsuch, back filibuster

Sen. Claire McCaskillClaire Conner McCaskillSchumer to meet with Kavanaugh on Tuesday GOP leader criticizes Republican senators for not showing up to work Election Countdown: GOP worries House majority endangered by top of ticket | Dems make history in Tuesday's primaries | Parties fight for Puerto Rican vote in Florida | GOP lawmakers plan 'Freedom Tour' MORE (D-Mo.) on Friday said she will vote to support a filibuster of President Trump’s Supreme Court nominee, Neil Gorsuch.

The announcement makes it significantly harder for Gorsuch to muster the 60 votes he needs to overcome a filibuster and advance to a final confirmation vote.

McCaskill is the first Democrat facing reelection next year in a state President Trump carried by double digits to come out against Gorsuch.

She announced her opposition in a statement posted to Medium, faulting the nominee for “a stunning lack of humanity.”

“I cannot support Judge Gorsuch because a study of his opinions reveal a rigid ideology that always puts the little guy under the boot of corporations,” she wrote.

McCaskill cited the judge's opinion in Transam Trucking v. Administrative Review Board, which sided with an employer who ordered a trucker to stay with a disabled vehicle in sub-zero weather conditions.

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She said the nomination of Gorsuch goes against the grain of Trump’s promise to help working-class Americans because he is “a judge who can’t even see them.”

McCaskill also raised concerns about Gorsuch’s refusal during his confirmation hearing to say how he viewed the constitutionality of campaign fundraising regulations, which were limited by the landmark case Citizens United v. Federal Election Commission in 2010.

“I cannot and will not support a nominee that allows dark and dirty anonymous money to continue to flood unchecked into our elections,” she said.

McCaskill acknowledged that it was “a really difficult decision for me.”

An audio recording of McCaskill’s comments to a group of Democratic donors that surfaced Thursday revealed she was worried blocking Gorsuch could backfire on the party.

She warned that if Republicans ax the filibuster for Supreme Court nominees, it would allow Trump to appoint an extreme conservative to fill a future vacancy.

McCaskill has previously expressed concern about the threat of a liberal primary challenger in 2018. Republicans on Friday accused her of pandering to liberal members of the base.

National Republican Senatorial Committee spokeswoman Katie Martin said McCaskill’s “decision today might appease the extreme liberal elite but, unfortunately for Claire, those folks don’t vote in Missouri.”

Her "no" vote shrinks the pool of Democrats who have undecided or unclear positions on Gorsuch to nine. Gorsuch's nomination needs the backing of eight Democrats or Independents, along with all 52 Republicans, to break a filibuster.

Only two Democrats have so far said they will vote to end a filibuster of Gorsuch and support his final confirmation, according to The Hill’s Whip List. Both of them, Sens. Joe ManchinJoseph (Joe) ManchinSchumer to meet with Kavanaugh on Tuesday Supreme Court nomination reignites abortion fights in states Kavanaugh has 'productive' meeting with key swing votes MORE (W.Va.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampOvernight Health Care: Supreme Court nomination reignites abortion fight in states | Trump urges Sessions to sue opioid makers | FDA approves first generic version of EpiPen Judge rules against Trump attempt to delay Obama water rule Vulnerable Dem Sen. Heitkamp hits opponent on ObamaCare repeal votes MORE (N.D.), represent states Trump won overwhelmingly in November.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGOP leader criticizes Republican senators for not showing up to work Reforms can stop members of Congress from using their public office for private gain Name change eludes DHS cyber wing, spurring frustration MORE (R-Ky.) has vowed that Gorsuch will be confirmed and has told colleagues to expect a vote to change the rules to lower the threshold for ending a filibuster to a simple majority.

To avoid a showdown over the rules, it now becomes crucial for Gorsuch to pick up the support of the two remaining undecided Democrats who face reelection next year in strongly pro-Trump states: Sen. Jon TesterJonathan (Jon) TesterPearl Jam criticized for poster featuring dead Trump, burning White House Montana GOP Senate hopeful touts Trump's support in new ad Vulnerable Dems side with Warren in battle over consumer bureau MORE (Mont.) and Sen. Joe DonnellyJoseph (Joe) Simon DonnellySchumer to meet with Kavanaugh on Tuesday Supreme Court nomination reignites abortion fights in states Kavanaugh has 'productive' meeting with key swing votes MORE (Ind.).

Gorsuch would likely also need the support of senior Democrats such as Sen. Dianne FeinsteinDianne Emiel FeinsteinDems urge tech companies to remove 3D-gun blueprints Progressives fume as Dems meet with Brett Kavanaugh GOP lawmaker calls on FBI to provide more info on former Feinstein staffer MORE (Calif.), the ranking member on the Judiciary Committee, and Sen. Patrick LeahyPatrick Joseph LeahySenate returns to work on toughest 'minibus' yet GOP senator: Trump is ‘the only one in the government’ not paying attention to Russian threat to midterms Hillicon Valley: 'QAnon' conspiracy theory jumps to primetime | Senate Intel broadens look into social media manipulation | Senate rejects push for more election security funds | Reddit reveals hack MORE (Vt.), who might be concerned about preserving their power to filibuster for the next vacancy on the court.

Other Democrats up in the air are centrist Sens. Mark WarnerMark Robert WarnerSenate Intel chief slams ex-CIA director for timing of claims about Trump-Russia ties Trump draws bipartisan fire over Brennan Hillicon Valley: Trump revokes Brennan's security clearance | Twitter cracks down on InfoWars | AT&T hit with crypto lawsuit | DHS hosts election security exercise MORE (Va.) and Chris CoonsChristopher (Chris) Andrew CoonsGraham: Flynn should lose security clearance On The Money: Senators propose 'crushing' Russia sanctions | Trump calls for food stamp work requirements in farm bill | China tells US to 'chill' on trade | Apple hits trillion in value Let’s honor public service MORE (Del.), along with Independent Sen. Angus KingAngus Stanley KingOvernight Energy: Judge revives clean water rule | Keystone XL pipeline to get new environmental review | Nominee won't say if he backs funding agency Trump nominee won't say if he supports funding agency he was selected to run Trump draws bipartisan fire over Brennan MORE (Maine), who praised Gorsuch earlier this year as “exceedingly independent.”

Updated: 5:13 p.m.