His talk-a-thon does nothing to stall a vote on Gorsuch because Senate Majority Leader Mitch McConnell had already taken the procedural step to lock in a time to vote to end debate over Gorsuch. That's what it means to claim to oppose Gorsuch because of what Republicans did to Obama's selection. Then don't kill the filibuster. Mitch McConnell said he would seek the "nuclear" option of busting the filibuster.
Gorsuch, 49, cleared the Judiciary Committee on a party line 11-9 vote on Monday, and the nuclear option showdown is expected on Thursday.
Mr. Merkley has little power to stop the ultimate outcome in the case of Judge Gorsuch, meaning his long floor speech is almost entirely symbolic. He said he has enough votes from his party for the change to succeed, but some Republicans have bristled at the nuclear option and how the threat of using it has poisoned the atmosphere. "They need to reconsider".
But Republicans refused to give Garland a hearing, blocking his nomination in the hopes a Republican president would nominate a replacement for Scalia.
As we have recapped on this page, the Democratic minority in the Senate is threatening to filibuster this nomination, which would mark the first time a Supreme Court nominee has received such treatment since 1968, when the nomination of Justice Abe Fortas to be chief justice was derailed after troubling financial disclosures. Bob Corker, R-Tenn., told Bloomberg that he believes the change would "destroy" the Senate, as the legislative filibuster could be the next to go. Sen. "All we'll do faced with this filibuster is even that up so the Supreme Court confirmation process is dealt with just like it was throughout the history of the country". Since his 2006 nomination by former-President George W. Bush, he has served on the United States 10th Circuit Appellate Court.
Sen. Sherrod Brown announced quickly after Gorsuch's nomination in January that he would vote no, due to the judge's record on businesses and civil rights. Gorsuch's constitutional philosophy of textualism, the interpretation of the constitution by its legal wording, would effectively replace Scalia's hardline conservative seat with a more moderate one.
Democrats blamed Republicans for pushing them to attempt a almost unheard-of filibuster of a qualified Supreme Court pick.
Republicans have said Gorsuch is well qualified for the job and is one of the most distinguished federal judges on the bench. Democrats have said he is so conservative as to be outside the judicial mainstream.
"I think they are trying to play to their own base", Kondik said.
According to FiveThirtyEight's Trump Score, the GOP members who vote against the president's position most often are, in order: Collins, Kentucky's Rand Paul, Murkowski, Tennessee's Bob Corker and Arizona's John McCain.
McConnell says the Democrats' blockade is unprecedented, because there's "never been a successful partisan filibuster of a Supreme Court nominee".