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 McConnellDemocrats seek leverage for trial Democrats spend big to put Senate in play House Democrats to vote on flavored e-cigarettes ban next year 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 McCainBudowsky: Would John McCain back impeachment? Sharice Davids to vote for Trump impeachment articles: 'The facts are uncontested' Ex-Rep. Scott Taylor to seek old Virginia seat MORE (R-Ariz.).

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

Sen. Bob CorkerRobert (Bob) Phillips CorkerRNC says ex-Trump ambassador nominee's efforts 'to link future contributions to an official action' were 'inappropriate' Lindsey Graham basks in the impeachment spotlight The Hill's 12:30 Report — Presented by Nareit — White House cheers Republicans for storming impeachment hearing 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) ManchinManchin warns he'll slow-walk government funding bill until he gets deal on miners legislation Krystal Ball: Is this how Bernie Sanders will break the establishment? Potential Dem defectors face pressure on impeachment 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 HeitkampPro-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 Trump wins 60 percent approval in rural areas of key states 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 SchumerKrystal Ball: Is this how Bernie Sanders will break the establishment? TikTok chief cancels Capitol Hill meetings, inflaming tensions Overnight Health Care — Presented by That's Medicaid — Deal on surprise medical bills faces obstacles | House GOP unveils rival drug pricing measure ahead of Pelosi vote | Justices to hear case over billions in ObamaCare payments MORE (N.Y.), who on Sunday said it is “highly, highly unlikely” that Republicans will get there.

Sen. Claire McCaskillClaire Conner McCaskillGinsburg health scare raises prospect of election year Supreme Court battle MSNBC's McCaskill: Trump used 'his fat thumbs' to try to intimidate Yovanovitch GOP senator rips into Pelosi at Trump rally: 'It must suck to be that dumb' MORE (D-Mo.) on Friday and Sen. Jon TesterJonathan (Jon) TesterTrump trade deal likely to sow division in Democratic presidential field Krystal Ball: Is this how Bernie Sanders will break the establishment? GOP braces for Democratic spending onslaught in battle for Senate 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 LeahyHorowitz offers troubling picture of FBI's Trump campaign probe Horowitz: 'We found no bias' in decision to open probe Horowitz: 'Very concerned' about FBI leaks to Giuliani 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 BennetTrump trade deal likely to sow division in Democratic presidential field Schumer to colleagues running for White House: Impeachment comes first Sanders urges impeachment trial 'quickly' in the Senate MORE (D-Colo.), who represents Gorsuch’s home state, is an unknown, as are Sens. Chris CoonsChristopher (Chris) Andrew CoonsDOJ inspector general refutes Trump claim that Obama tapped his wires Live coverage: DOJ inspector general testifies on Capitol Hill The real US patent 'crisis' MORE (D-Del.), Mark WarnerMark Robert WarnerTikTok chief cancels Capitol Hill meetings, inflaming tensions Watchdog report finds FBI not motivated by political bias in Trump probe Ex-Rep. Scott Taylor to seek old Virginia seat MORE (D-Va.) and Angus KingAngus KingHillicon Valley: Pentagon pushes back on Amazon lawsuit | Lawmakers dismiss Chinese threat to US tech companies | YouTube unveils new anti-harassment policy | Agencies get annual IT grades Legislation to protect electric grid from cyberattacks added to massive defense bill Lawmakers dismiss Chinese retaliatory threat to US tech 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 ReidNevada journalist: Harry Reid will play 'significant role' in Democratic primary The Hill's Morning Report - Sponsored by AdvaMed - A crucial week on impeachment The Hill's Morning Report — Pelosi makes it official: Trump will be impeached 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.