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 McConnellWhere do we go from here? Conservation can show the way Russian interference reports rock Capitol Hill Top GOP super PAC spent money on NC Democrat 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.

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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 McCainOvernight Defense: GOP lawmaker takes unannounced trip to Syria | Taliban leader pens New York Times op-ed on peace talks | Cheney blasts paper for publishing op-ed GOP lawmaker makes unannounced trip to northeastern Syria Meghan McCain after Gaetz says Trump should pardon Roger Stone: 'Oh come on' MORE (R-Ariz.).

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

Sen. Bob CorkerRobert (Bob) Phillips CorkerMcConnell, Romney vie for influence over Trump's trial RNC says ex-Trump ambassador nominee's efforts 'to link future contributions to an official action' were 'inappropriate' Lindsey Graham basks in the impeachment spotlight 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) ManchinWhere do we go from here? Conservation can show the way Lawmakers push back at Trump's Pentagon funding grab for wall Overnight Health Care: Appeals court strikes down Medicaid work requirements | Pelosi's staff huddles with aides on surprise billing | Senate Dems pressure Trump to drop ObamaCare lawsuit 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 HeitkampSusan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA The Hill's Morning Report — Biden steadies in third debate as top tier remains the same 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 DonnellyGinsburg health scare raises prospect of election year Supreme Court battle Watchdog accuses pro-Kavanaugh group of sending illegal robotexts in 2018 Lobbying world MORE (Ind.) said he would back him.

Republicans need 60 votes to overcome the filibuster backed by Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerRussian interference reports rock Capitol Hill Clinton calls Trump 'Putin's puppet' amid reports of Russian interference in 2020 election New York man accused of making death threats against Schumer, Schiff MORE (N.Y.), who on Sunday said it is “highly, highly unlikely” that Republicans will get there.

Sen. Claire McCaskillClaire Conner McCaskillDemocrats criticize Medal of Freedom for Limbaugh as 'slap in the face' Kansas City, Kan., responds to Trump tweet: We root for the Chiefs, too Trump mocked for Super Bowl tweet confusing Missouri for Kansas MORE (D-Mo.) on Friday and Sen. Jon TesterJonathan (Jon) TesterDemocratic senator: 'The ultimate of ironies' for Trump to hit Romney for invoking his faith Committee on Veterans Affairs sends important message during tense Senate time Democrats cry foul over Schiff backlash 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 LeahyDemocratic senators ask DOJ watchdog to expand Giuliani probe Overnight Defense: Senate votes to rein in Trump war powers on Iran | Pentagon shifting .8B to border wall | US, Taliban negotiate seven-day 'reduction in violence' Pentagon transferring .8 billion to border wall 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 BennetOvernight Energy: EPA moves to limit financial pressure on 'forever chemical' manufacturers | California sues Trump over water order| Buttigieg expands on climate plan Buttigieg expands on climate plan with new proposals 2020 race goes national in sprint to Super Tuesday MORE (D-Colo.), who represents Gorsuch’s home state, is an unknown, as are Sens. Chris CoonsChristopher (Chris) Andrew CoonsDemocratic senators ask DOJ watchdog to expand Giuliani probe Graham warned Pentagon chief about consequences of Africa policy: report Democrats fear rule of law crumbling under Trump MORE (D-Del.), Mark WarnerMark Robert WarnerWhere do we go from here? Conservation can show the way Hillicon Valley: Facebook, Twitter split on Bloomberg video | Sanders briefed on Russian efforts to help campaign | Barr to meet with Republicans ahead of surveillance fight Congress to get election security briefing next month amid Intel drama MORE (D-Va.) and Angus KingAngus KingOcasio-Cortez defends Sanders running as a Democrat: It's 'more than what you call yourself' Use of voting tabulation apps raise red flags on Capitol Hill Patrick Dempsey to star in pilot for CBS political drama 'Ways and Means' 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 voters like Kyl but few think he'll stick around Former Sen. Jon Kyl to replace McCain in Senate Arizona governor faces pressure over McCain replacement 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 ReidReid pushes back on Sanders suggestion that a Democrat with plurality of delegates should be the nominee Harry Reid on 'Medicare for All': 'Not a chance in hell it would pass' The Hill's Morning Report - Sanders on the rise as Nevada debate looms 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.