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Key Dem McCaskill to oppose Gorsuch, back filibuster

Key Dem McCaskill to oppose Gorsuch, back filibuster

Sen. Claire McCaskillClaire Conner McCaskillGOP Senate candidate: Kavanaugh 'debacle' 'hugely motivating' to Missouri voters Democrats hold fading odds of winning Senate this November Cornyn: 'All the money in the world' won't help O'Rourke win Texas 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) ManchinGillibrand backs Manchin, Bredesen despite their support of Kavanaugh Senate heads home to campaign after deal on Trump nominees Overnight Energy: Climate skeptic confirmed as DOJ environmental lawyer | EPA to phase out air pollution panel | Ad campaign targets mercury rule proposal MORE (W.Va.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampDemocrats hold fading odds of winning Senate this November Florida politics play into disaster relief debate Cornyn: 'All the money in the world' won't help O'Rourke win Texas MORE (N.D.), represent states Trump won overwhelmingly in November.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGOP Senate candidate: Kavanaugh 'debacle' 'hugely motivating' to Missouri voters Trump praises McConnell: He ‘stared down the angry left-wing mob’ to get Kavanaugh confirmed Murkowski not worried about a Palin challenge 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) TesterTrump adds campaign stops for Senate candidates in Montana, Arizona, Nevada Democrats hold fading odds of winning Senate this November Senate heads home to campaign after deal on Trump nominees MORE (Mont.) and Sen. Joe DonnellyJoseph (Joe) Simon DonnellyThe Hill's 12:30 Report — Presented by Citi — Big haul for O'Rourke | Senators press Trump to get tougher on Saudis | Kavanaugh tensions linger The Hill's Morning Report — Presented by PhRMA — Dem victories in `18 will not calm party turbulence Senate heads home to campaign after deal on Trump nominees MORE (Ind.).

Gorsuch would likely also need the support of senior Democrats such as Sen. Dianne FeinsteinDianne Emiel FeinsteinTop Judiciary Dems call for unredacted 'zero tolerance' memo MSNBC's Nicolle Wallace: I told Jeb Bush 'he should have punched' Trump 'in the face' Kavanaugh tensions linger after bitter fight MORE (Calif.), the ranking member on the Judiciary Committee, and Sen. Patrick LeahyPatrick Joseph LeahyOvernight Defense — Presented by The Embassy of the United Arab Emirates — Missing journalist strains US-Saudi ties | Senators push Trump to open investigation | Trump speaks with Saudi officials | New questions over support for Saudi coalition in Yemen Senators trigger law forcing Trump to probe Saudi journalist's disappearance Justice Kavanaugh will be impartial, not political like his opponents 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 WarnerCollusion judgment looms for key Senate panel Hillicon Valley: Facebook reveals 30 million users affected by hack | Grassley presses Google to explain data practices | Senators warn Canada against using Chinese telecom firm | FCC responds to net neutrality lawsuits Senators urge Canada against using Huawei in 5G development due to national security concerns MORE (Va.) and Chris CoonsChristopher (Chris) Andrew CoonsDem senators urge Pompeo to reverse visa policy on diplomats' same-sex partners 15 Saudis identified in disappearance of Washington Post columnist The Senate needs to cool it MORE (Del.), along with Independent Sen. Angus KingAngus Stanley KingCollusion judgment looms for key Senate panel People have forgotten 'facade' of independent politicians, says GOP strategist Senate poised to confirm Kavanaugh after bitter fight MORE (Maine), who praised Gorsuch earlier this year as “exceedingly independent.”

Updated: 5:13 p.m.