Key Dem McCaskill to oppose Gorsuch, back filibuster

Key Dem McCaskill to oppose Gorsuch, back filibuster

Sen. Claire McCaskillClaire Conner McCaskillHillicon Valley: Verizon, AT&T call off data partnerships after pressure | Tech speaks out against Trump family separation policy | T-Mobile, Sprint make case for B merger Senators introduce bipartisan bill to detect supply chain risks posing threats to national security Manchin becomes final Democrat to back bill preventing separation of immigrant families 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) ManchinKaine shares photos of child detention facility: ‘The real Trump Hotel’ Manchin becomes final Democrat to back bill preventing separation of immigrant families Manchin touts support for Trump border wall in new ad MORE (W.Va.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampPoll: GOP challenger narrowly leads Heitkamp in North Dakota Trump plan to claw back billion in spending in peril Manchin becomes final Democrat to back bill preventing separation of immigrant families MORE (N.D.), represent states Trump won overwhelmingly in November.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellWarren on family separation policy: Trump is ‘taking America to a dark and ugly place’ Senate GOP tries to defuse Trump border crisis Schumer rejects GOP proposal to address border crisis 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) TesterSenate DHS bill includes .6 billion for ‘fencing’ on border Manchin becomes final Democrat to back bill preventing separation of immigrant families Trump signs VA reform bill without Democratic co-author MORE (Mont.) and Sen. Joe DonnellyJoseph (Joe) Simon DonnellyActress Marcia Gay Harden urges Congress to boost Alzheimer's funding Manchin becomes final Democrat to back bill preventing separation of immigrant families Dems seek to leverage ObamaCare fight for midterms MORE (Ind.).

Gorsuch would likely also need the support of senior Democrats such as Sen. Dianne FeinsteinDianne Emiel FeinsteinGOP senators introduce bill to prevent family separations at border Dem plays audio from child detention center on Senate floor 13 GOP senators ask administration to pause separation of immigrant families MORE (Calif.), the ranking member on the Judiciary Committee, and Sen. Patrick LeahyPatrick Joseph LeahyFBI has no excuse to hide future scandals from American public Live coverage: FBI chief, Justice IG testify on critical report Student rips DeVos at school safety commission for failure to take on guns 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 WarnerWray defends FBI after 'sobering' watchdog report Top Dems: IG report shows Comey's actions helped Trump win election Dem senator: Trump at G-7 made me ‘embarrassed for our country’ MORE (Va.) and Chris CoonsChristopher (Chris) Andrew CoonsAll the times Horowitz contradicted Wray — but nobody seemed to notice Hillicon Valley: Trump hits China with massive tech tariffs | Facebook meets with GOP leaders over bias allegations | Judge sends Manafort to jail ahead of trial | AT&T completes Time Warner purchase Dem senator: Trump Jr. may have given 'false testimony' about meeting with foreign nationals MORE (Del.), along with Independent Sen. Angus KingAngus Stanley KingHeckler yells ‘Mr. President, f--- you’ as Trump arrives at Capitol Manchin becomes final Democrat to back bill preventing separation of immigrant families Hillicon Valley: Judge approves AT&T-Time Warner deal in blow to DOJ | Dems renew push to secure state voting systems | Seattle reverses course on tax after Amazon backlash | Trump, senators headed for cyber clash | More Tesla layoffs MORE (Maine), who praised Gorsuch earlier this year as “exceedingly independent.”

Updated: 5:13 p.m.