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Schumer announces no vote on Gorsuch nomination, would support filibuster

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The confirmation hearing for Judge Neil Gorsuch continues today, as senators hear from a variety of witnesses who are testifying for and against Gorsuchs nomination to fill the vacancy left by the death of Justice Antonin Scalia. However, this mornings biggest news on the Gorsuch nomination came from outside the hearing room. In an announcement made over Twitter this morning, Senate Minority Leader Chuck Schumer announced that he cannot support Judge Neil Gorsuchs nomination to the Supreme Court. That announcement was hardly a surprise. And because Republicans currently hold 52 of the 100 seats in the U.S. Senate, they wouldnt need Schumers vote to confirm Gorsuch on a straight up-or-down vote. However, Schumer also seemed to suggest that he would support a filibuster of the Gorsuch nomination. Under the current Senate rules, if the Democrats were to threaten a filibuster, Republicans would need at least 60 votes to force a vote on the nomination a process known as cloture. Schumer warned that Judge Gorsuchs nomination will face a cloture vote & as Ive said, he will have to earn sixty votes for confirmation. Schumers vote on cloture, he indicated, will be no. There was no indication yet, though, that 40 senators would vote against cloture to sustain a filibuster. A filibuster would put the ball in the Republicans court, possibly leading them to eliminate the filibuster for Supreme Court nominees, which would allow Gorsuch to be confirmed by a simple majority. Democrats made a similar change, known as invoking the nuclear option, to confirm lower-court nominees in 2013. That move drew strong condemnation at the time from Sen. Mitch McConnell, now the Senate Majority Leader, who would be left with a difficult choice.

Recommended Citation: Amy Howe, Schumer announces no vote on Gorsuch nomination, would support filibuster, SCOTUSblog (Mar. 23, 2017, 12:00 AM), https://www.scotusblog.com/2017/03/schumer-announces-no-vote-gorsuch-nomination-support-filibuster/