Senators fear fallout of nuclear option

Senators in both parties are speculating that a blowup over President Trump’s nominee to the Supreme Court could lead not only to the end of the filibuster for such nominations, but for controversial legislation as well.

While Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGraham: Trump's Supreme Court picks 'all winners' Trump says he's close to making final Supreme Court decision An end game on Supreme Court nominations MORE (R-Ky.) said Sunday on NBC’s “Meet the Press” that the legislative filibuster is safe, lawmakers fear that pressure will grow to get rid of it if Democrats block Neil Gorsuch’s nomination this week.

McConnell has all but promised to change the Senate’s rules to allow Gorsuch to be confirmed in a majority vote if Democrats filibuster him.

The showdown will take place later this week after a Senate Judiciary Committee vote on Monday.

Senators in both parties are worried about how the fight over Gorsuch will affect the filibuster.

“The thing I worry most about is that we become like the House of Representatives. What’s the next step? Legislation?” said Sen. John McCainJohn Sidney McCainAn end game on Supreme Court nominations Supreme Court talk dominates Sunday shows as Trump nears decision Hysteria about the Supreme Court vacancy isn't about abortion — it's about reparations MORE (R-Ariz.).

“I’m convinced it’s a slippery slope.”    

Sen. Bob CorkerRobert (Bob) Phillips CorkerAn end game on Supreme Court nominations America stands to lose as China places bets on developing world The Hill's Morning Report — Sponsored by Better Medicare Alliance — Trump girds for battle as Supreme Court announcement nears MORE (R-Tenn.) warned last week on the Senate floor that growing pressure from the right and the left will make it difficult to withstand calls to eliminate the legislative filibuster.

“If we continue on the path we’re on right now, the very next time there’s a legislative proposal that one side of the aisle feels is so important they cannot let their base down, the pressure builds, then we’re going to vote the nuclear option on the legislative piece,” he said.

“That’s what will happen. Somebody will do it.”

Sen. Joe ManchinJoseph (Joe) ManchinJudge on Trump shortlist boasts stint on Michigan's high court Meet the senator on Trump's Supreme Court shortlist The Hill's Morning Report — Sponsored by Better Medicare Alliance — Anticipation builds for Trump’s SCOTUS pick MORE (D-W.Va.), one of only three Democrats who have explicitly said they’d oppose a filibuster of Gorsuch, warns the Senate is in danger of becoming a smaller version of the House, where the minority party has few rights.

“People who have been here for a long time know that we’re going down the wrong path here. The most unique political body in the world, the United States Senate, will be no more than a six-year term in the House,” he said.

“I’m doing whatever I can to preserve he 60-vote rule,” he said.

Sen. Heidi HeitkampMary (Heidi) Kathryn HeitkampJudge on Trump shortlist boasts stint on Michigan's high court The Hill's Morning Report — Sponsored by Better Medicare Alliance — Anticipation builds for Trump’s SCOTUS pick Amy Coney Barrett emerges as favorite on right, target for left MORE (D-N.D.), who like Manchin says she will vote to allow Gorsuch’s nomination to move forward, said she is also concerned about the legislative filibuster.

“This erosion that seems to be happening, of course I’m worried about it,” she said.  

Gorsuch picked up a third Democratic vote on Sunday when Sen. Joe DonnellyJoseph (Joe) Simon DonnellyJudge on Trump shortlist boasts stint on Michigan's high court The Hill's Morning Report — Sponsored by Better Medicare Alliance — Anticipation builds for Trump’s SCOTUS pick Amy Coney Barrett emerges as favorite on right, target for left MORE (Ind.) said he would back him.

Republicans need 60 votes to overcome the filibuster backed by Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerAn end game on Supreme Court nominations Liberals forget Constitution as Supreme Court battle fires up Anti-Trump protesters sing national anthem outside rally MORE (N.Y.), who on Sunday said it is “highly, highly unlikely” that Republicans will get there.

Sen. Claire McCaskillClaire Conner McCaskillElection Countdown: Calls to abolish ICE test Dem candidates | First round of House GOP 'Young Guns' | How Tester is handling Trump's Montana visit | Dem candidate won't back Schumer as leader | Super PACs ramp up Missouri ad buys Tester: Talk of Trump impeachment 'not appropriate' The Hill's Morning Report — Sponsored by Better Medicare Alliance — Trump seeks `home run’ candidate to succeed Justice Kennedy MORE (D-Mo.) on Friday and Sen. Jon TesterJonathan (Jon) TesterCNN's Baldwin rips Trump's 'Pocahontas' insult: 'It is not just sexist, it is racist' Trump court decision energizes White House Anti-Trump protesters sing national anthem outside rally MORE (D-Mont.) on Sunday said they would oppose Gorsuch and back a filibuster. The decisions by the two senators, who both face reelection next year in states won by Trump, seem to back Schumer's words up.

Republicans need to find another six votes to invoke cloture, and they have few options left. 

Sen. Patrick LeahyPatrick Joseph LeahyCreates Act will bring lower priced prescription drugs to market for hardworking Americans Using military attorneys to prosecute border crossers is a bad look for the White House Grassley, Leahy urge Supreme Court to start releasing same-day audio of arguments MORE (D-Vt.), a former chairman of the Judiciary Committee, has sent mixed signals over whether he’d back the filibuster.

Sen. Michael BennetMichael Farrand BennetHarley stunner spikes tension with Trump over trade policy Races to watch in Tuesday’s primaries Democrats protest Trump's immigration policy from Senate floor MORE (D-Colo.), who represents Gorsuch’s home state, is an unknown, as are Sens. Chris CoonsChristopher (Chris) Andrew CoonsSunday shows preview: Washington braces for Trump's Supreme Court pick America stands to lose as China places bets on developing world Dem senator to introduce anti-discrimination bill after Supreme Court upholds travel ban MORE (D-Del.), Mark WarnerMark Robert WarnerTwitter nixes 70M accounts in two months amid crackdown: report Free speech means a free internet — even if Democrats don't like it Trump tensions peak ahead of NATO summit MORE (D-Va.) and Angus KingAngus Stanley KingSchumer faces heavy pressure from left on Supreme Court Sens introduce bipartisan bill matching Zinke proposed maintenance backlog fix Black senators introduce anti-lynching bill MORE (I-Maine).

There are some in both parties who would like nothing more than to see the filibuster bite the dust.

Former Rep. Matt SalmonMatthew (Matt) James SalmonArizona GOP tinkers with election rules with an eye on McCain's seat Quiet jockeying for McCain seat angers Republicans McSally tells GOP colleagues she'll run for Arizona Senate MORE (R-Ariz.) said the filibuster was created to protect the minority party “in extreme circumstances” but it has now become so common that it’s almost impossible to pass individual appropriations bills before the end of the fiscal year.

“It’s become so common place to block just about everything including even appropriation bills so that the Congress can’t get its work done. The filibuster as it’s currently used has really worn out its welcome,” he said in an interview.

The large class of Senate Republican freshmen elected in the 2014 midterm elections pushed for rules reform in the last Congress, but it didn’t lead to any changes. They favored more narrow reform, however, such as curbing the power to block motions to begin consideration of new business on the Senate floor.

Wisconsin Gov. Scott Walker (R) called on Republicans immediately after Trump won the presidency to ditch the filibuster.

“My biggest concern is that they not allow some of these arcane rules that have nothing to do with the Constitution,” he said in a radio interview the day after the election.

McConnell, a Senate traditionalist, tried to ease concerns about the fate of the filibuster Sunday when he told NBC’s Chuck Todd that the power to block legislation with 41 votes retains strong support in the Senate.

“I don’t think the legislative filibuster is in danger. It’s a longstanding tradition of the Senate. The business of filibustering judges is quite new,” he said.

Schumer, also appearing on “Meet the Press,” said he also wants to preserve the 60-vote threshold for controversial legislation.

“I don’t think there’s any thirst to change the legislative rule, 60 votes for that. Most Democrats and most Republicans who have served in both the minority and the majority knows what it means,” he said.

But his predecessor, former Senate Democratic Leader Harry ReidHarry Mason ReidAn end game on Supreme Court nominations The 'McConnell Rule' is law, and Senate Democrats should sue to enforce it Hysteria about the Supreme Court vacancy isn't about abortion — it's about reparations MORE (Nev.), predicted in a December interview, shortly before retiring from Congress, that the days of the legislative filibuster are numbered. 

He said the Senate rules protecting minority rights are “going to erode, it’s just a question of when.”

“You can’t have a democracy decided by 60 out of 100, and that’s why changing the rules is one of the best things that has happened to America in a long time,” he told Politico.