Key Dem McCaskill to oppose Gorsuch, back filibuster

Key Dem McCaskill to oppose Gorsuch, back filibuster

Sen. Claire McCaskillClaire Conner McCaskillDemocratic-linked group runs ads in Kansas GOP Senate primary Trump mocked for low attendance at rally Missouri county issues travel advisory for Lake of the Ozarks after Memorial Day parties 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.

ADVERTISEMENT

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) ManchinHouse-passed spending bill would block Pebble Mine construction The Hill's Morning Report - Presented by Facebook - At loggerheads, Congress, White House to let jobless payout lapse Coronavirus recession hits Social Security, Medicare, highway funding MORE (W.Va.) and Heidi HeitkampMary (Heidi) Kathryn Heitkamp70 former senators propose bipartisan caucus for incumbents Susan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA MORE (N.D.), represent states Trump won overwhelmingly in November.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGOP scrambles to fend off Kobach in Kansas primary Meadows: Election will be held on November third Don't let Trump distract us from the real threat of his presidency 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) TesterThe Hill's Morning Report - Presented by Facebook - At loggerheads, Congress, White House to let jobless payout lapse Overnight Defense: Senate poised to pass defense bill with requirement to change Confederate base names | Key senator backs Germany drawdown | Space Force chooses 'semper supra' as motto Democrats call for expedited hearing for Trump's public lands nominee MORE (Mont.) and Sen. Joe DonnellyJoseph (Joe) Simon DonnellyEx-Sen. Joe Donnelly endorses Biden Lobbying world 70 former senators propose bipartisan caucus for incumbents MORE (Ind.).

Gorsuch would likely also need the support of senior Democrats such as Sen. Dianne FeinsteinDianne Emiel FeinsteinMini-exodus of Trump officials from Commerce to lobby on semiconductors Doug Collins questions Loeffler's trustworthiness in first TV ad Comedian Joel McHale: Reach out and help local restaurants, wear masks with your favorite message; Frontline Foods's Ryan Sarver says we are in inning 3 of the COVID-19 ballgame MORE (Calif.), the ranking member on the Judiciary Committee, and Sen. Patrick LeahyPatrick Joseph LeahyVermont has a chance to show how bipartisanship can tackle systemic racism VOA visa decision could hobble Venezuela coverage Hillicon Valley: Twitter bans thousands of QAnon accounts | Bipartisan support grows for election funds in Senate stimulus bill | Senate committee advances bill to ban TikTok from federal devices 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 WarnerMini-exodus of Trump officials from Commerce to lobby on semiconductors Coronavirus recession hits Social Security, Medicare, highway funding Virginia governor, senators request CDC aid with coronavirus outbreak at immigrant detention facility MORE (Va.) and Chris CoonsChristopher (Chris) Andrew CoonsCoronavirus Report: The Hill's Steve Clemons interviews Thomas Isett Coronavirus Report: The Hill's Steve Clemons interviews Dr. Kate Broderick Making vulnerable children a priority in the pandemic response MORE (Del.), along with Independent Sen. Angus KingAngus KingThe Susan Collins conundrum Trump ramps up China tensions with consulate shutdown Congress backs push for national cyber czar MORE (Maine), who praised Gorsuch earlier this year as “exceedingly independent.”

Updated: 5:13 p.m.