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Key Dem McCaskill to oppose Gorsuch, back filibuster

Key Dem McCaskill to oppose Gorsuch, back filibuster

Sen. Claire McCaskillClaire Conner McCaskillDemings asked about Senate run after sparring with Jordan on police funding Republicans fret over divisive candidates Greitens Senate bid creates headache for GOP 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 ManchinJoe ManchinHouse Democrats eye passing DC statehood bill for second time Biden dispatches Cabinet members to sell infrastructure plan On The Money: Treasury creates hub to fight climate change | Manchin throws support behind union-backed PRO Act | Consumer bureau rolls out rule to bolster CDC eviction ban MORE (W.Va.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampBill Maher blasts removal of journalist at Teen Vogue Centrist Democrats pose major problem for progressives Harrison seen as front-runner to take over DNC at crucial moment MORE (N.D.), represent states Trump won overwhelmingly in November.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellWhen it comes to Georgia's voting law, keep politics out of business Pelosi to offer even split on 9/11-style commission to probe Capitol riot Senate GOP crafts outlines for infrastructure counter proposal 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) TesterThis week: Democrats move on DC statehood Lobbying world The Hill's Morning Report - Biden's infrastructure plan triggers definition debate MORE (Mont.) and Sen. Joe DonnellyJoseph (Joe) Simon DonnellyRepublicans fret over divisive candidates Everybody wants Joe Manchin Centrist Democrats pose major problem for progressives MORE (Ind.).

Gorsuch would likely also need the support of senior Democrats such as Sen. Dianne FeinsteinDianne Emiel FeinsteinLawmakers react to guilty verdict in Chauvin murder trial: 'Our work is far from done' Senate Democrats call on Biden to restore oversight of semiautomatic and sniper rifle exports Overnight Defense: Army moves to combat sexual crimes | Eight West Point cadets expelled | Democratic senators want to restrict F-35 sale to UAE MORE (Calif.), the ranking member on the Judiciary Committee, and Sen. Patrick LeahyPatrick Joseph LeahyCapitol Police chief: Threats against lawmakers up nearly 65 percent since last year Senate GOP faces post-Trump spending brawl Senate Democrats call on Biden to restore oversight of semiautomatic and sniper rifle exports 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 WarnerLawmakers react to guilty verdict in Chauvin murder trial: 'Our work is far from done' Manchin throws support behind union-backed PRO Act New US sanctions further chill Biden-Putin relations MORE (Va.) and Chris CoonsChris Andrew CoonsBipartisan group of senators holds immigration talks amid border surge White House readies another massive spending proposal How to save the Amazon rainforest MORE (Del.), along with Independent Sen. Angus KingAngus KingSenate confirms SEC chief Gensler to full five-year term Manchin throws support behind union-backed PRO Act The Hill's 12:30 Report - Presented by Facebook - All US adults now eligible for COVID vaccines MORE (Maine), who praised Gorsuch earlier this year as “exceedingly independent.”

Updated: 5:13 p.m.