The Hill’s Whip List: How Dems say they’ll vote on Gorsuch filibuster

Democratic opponents of President Trump’s Supreme Court nominee have reached the 41 votes they need to block Neil Gorsuch. The showdown will take place later this week, with a final vote expected Friday.

If Democrats are successful in blocking Gorsuch, Senate Republicans have signaled they’ll employ the “nuclear option” to do away with filibusters for Supreme Court nominees. Senators in both parties are worried about how the fight will affect the filibuster and the upper chamber at large.

{mosads}Here is where the vote stands ahead of the final confrontation this week.

Last updated April 4 at 4:35 p.m.

 

Democrats who will not filibuster (4)

Sen. Joe Manchin (W.Va.)

Sen. Heidi Heitkamp (N.D.)

Sen. Joe Donnelly (Ind.)

Sen. Michael Bennet (Colo.)

 

Democrats who support a filibuster (44)

Sen. Tammy Baldwin (Wis.)

Sen. Richard Blumenthal (Conn.)

Sen. Cory Booker (N.J.)

Sen. Sherrod Brown (Ohio)

Sen. Maria Cantwell (Wash.)

Sen. Ben Cardin (Md.)

Sen. Tom Carper (Del.)

Sen. Bob Casey Jr. (Pa.)

Sen. Chris Coons (Del.) 

Sen. Catherine Cortez Masto (Nev.)

Sen. Tammy Duckworth (Ill.)

Sen. Dick Durbin (Ill.)

Sen. Dianne Feinstein (Calif.)

Sen. Al Franken (Minn.)

Sen. Kirsten Gillibrand (N.Y.)

Sen. Maggie Hassan (N.H.) 

Sen. Kamala Harris (Calif.)

Sen. Martin Heinrich (N.M.)

Sen. Mazie Hirono (Hawaii)

Sen. Tim Kaine (Va.)

Sen. Angus King (I-Maine)

Sen. Amy Klobuchar (Minn.)

Sen. Pat Leahy (Vt.) — A spokesman confirmed Monday that he will vote against cloture for Gorsuch.

Sen. Ed Markey (Mass.)

Sen. Claire McCaskill (Mo.)

Sen. Jeff Merkley (Ore.)

Sen. Bob Menendez (N.J.) – Menendez was the last unannounced Democrat, but said Monday night he said he is against the nominee and will support a filibuster. 

Sen. Patty Murray (Wash.)

Sen. Chris Murphy (Conn.)

Sen. Bill Nelson (Fla.)

Sen. Gary Peters (Mich.)

Sen. Jack Reed (R.I.)

Sen. Bernie Sanders (I-Vt.)

Sen. Brian Schatz (Hawaii)

Senate Minority Leader Charles Schumer (N.Y.)

Sen. Jeanne Shaheen (N.H.) 

Sen. Debbie Stabenow (Mich.)

Sen. Jon Tester (Mont.)

Sen. Tom Udall (N.M.) 

Sen. Chris Van Hollen (Md.)

Sen. Mark Warner (Va.)

Sen. Elizabeth Warren (Mass.)

Sen. Sheldon Whitehouse (R.I.) 

Sen. Ron Wyden (Ore.)

  

Yes on final confirmation (3)

Sen. Joe Donnelly (Ind.)

Facing reelection next year in a state President Trump won by 19 points, Donnelly announced on April 2 that he’ll vote for Gorsuch.

“After meeting with Judge Gorsuch, conducting a thorough review of his record, and closely following his hearing before the Senate Judiciary Committee, I believe that he is a qualified jurist who will base his decisions on his understanding of the law and is well-respected among his peers,” he said in a statement.

Saying it’s his “obligation as Senator to consider the qualifications of each nominee that comes to the Senate floor,” he added, “I believe that we should keep the current 60-vote threshold for Supreme Court nominees.”

Sen. Joe Manchin (W.Va.)

The red-state senator became the first Democrat to say he will support Gorsuch’s confirmation on the floor. 

“After considering his record, watching his testimony in front of the Judiciary Committee and meeting with him twice, I will vote to confirm him to be the ninth justice on the Supreme Court,” Manchin said on March 30. 

“He has been consistently rated as a well-qualified jurist, the highest rating a jurist can receive, and I have found him to be an honest and thoughtful man. I hold no illusions that I will agree with every decision Judge Gorsuch may issue in the future, but I have not found any reasons why this jurist should not be a Supreme Court Justice.”

Manchin was also the first Democrat to say that he will support cloture just a few days earlier.

He is up for reelection in 2018 in a state that Trump won by 40 points. 

Sen. Heidi Heitkamp (N.D.)

Heitkamp, who is up for reelection in 2018 in a state Trump won handily, said on March 30 that she would back Gorsuch. 

“After doing my due diligence by meeting with Judge Gorsuch and reviewing his record and testimony before the Senate Judiciary Committee, I’ve decided to vote in favor of his confirmation. He has a record as a balanced, meticulous, and well-respected jurist who understands the rule of law,” she said in a statement.

The centrist stressed that her “vote does not diminish how disturbed” she is by Republicans’ treatment of Garland.

“But I was taught that two wrongs don’t make a right. There isn’t a perfect judge. Regardless of which party is in the White House, the U.S. Supreme Court should be above politics,” she said.

 

No on final confirmation (44)

Sen. Tammy Baldwin (Wis.)

Baldwin is up for reelection in 2018 in a pro-Trump state, but she will vote against his Supreme Court pick.

“President Trump needs to earn 60 votes in the Senate, but I am not one of them,” Baldwin said, according to ThinkProgress, a liberal blog.

She said she has “concerns about this nominee’s deeply troubling record.”

In early February, Baldwin told the Milwaukee Journal-Sentinel that she would not be one of the 60 votes Gorsuch needs to overcome a filibuster. 

Sen. Richard Blumenthal (Conn.)

The former state attorney general, who lives in a reliably blue state, was officially undecided on Gorsuch until March 31. Then, he penned an op-ed for The Hartford Courant saying the judge has “passed the Trump litmus test.”

“It is one of the most important votes I will ever cast,” Blumenthal wrote.

Sen. Cory Booker (N.J.)

Booker came out against Gorsuch even before he appeared on the Hill for his confirmation hearing, tweeting on Feb. 1, “I will not vote for Judge Gorsuch. I will oppose his nomination.”

Sen. Sherrod Brown (Ohio)

“The people of Ohio deserve Supreme Court Justices who will defend the rights of working families over Wall Street and corporate special interests — and Judge Gorsuch’s record doesn’t pass that test,” Brown said in a statement.

Brown is up for reelection in 2018 in a race that the Cook Political Report says “leans Democratic” at this point.

Sen. Maria Cantwell (Wash.)

Cantwell argued that Gorsuch “did not give Senators enough background about his judicial philosophy,” mentioning privacy rights and his ruling in an Individuals with Disabilities Education Act case, among other issues.

“We need a U.S. Supreme Court justice who will stand up for equal justice for all. I still have questions and concerns about Judge Gorsuch. Therefore, I cannot support cloture and will not support the confirmation of Judge Neil Gorsuch,” she said in a statement.

Cantwell is up for reelection in a state Hillary Clinton won in November.

Sen. Ben Cardin (Md.)

The Maryland senator, who is up for reelection in a solidly Democratic state, said he will not vote for Gorsuch.

Asked if he was also a “no” on cloture, he said he wanted to see “what accommodations are made” and suggested that Senate leaders Charles Schumer (D) and Mitch McConnell (R) talk. 

Sen. Tom Carper (Del.)

Carper invoked President Obama’s high court nominee, Merrick Garland, in a statement. 

“I believe that moving forward with Judge Gorsuch’s nomination will send a signal that it’s acceptable to put partisan politics over fidelity to our Constitution. It is not,” he said.  

“While I do not believe that two wrongs make a right, I believe this may be our only opportunity to right a historic wrong. Therefore, I am left with no other choice but to oppose Judge Gorsuch’s nomination until we find agreement on moving Judge Garland’s nomination forward at the same time.”

Carper also said he’d oppose cloture on the nomination. 

Sen. Bob Casey Jr. (Pa.)

“I don’t believe that Judge Gorsuch, his judicial approach, would ensure fairness for workers and families in Pennsylvania … and I will not support his nomination.”

Casey, who is up for reelection in 2018 in a state President Trump won, also said he will vote no on cloture for Gorsuch. 

Sen. Catherine Cortez Masto (Nev.)

Sen. Dick Durbin (Ill.)

“I came out of this hearing firmly convinced that I must oppose the nomination of Neil Gorsuch,” the No. 2 Senate Democrat said from the Senate floor on March 28.

He said he will vote no on cloture.

Sen. Dianne Feinstein (Calif.)

“I cannot support this nomination,” she told colleagues at a Senate Judiciary Committee hearing ahead of the panel’s vote on Grouch.

Sen. Al Franken (Minn.)

Franken told CBS 4 Minnesota that he is a no on Gorsuch.

“I fear that he’s going to be part of another 5-4 Roberts Court that rules for corporations,” he said. 

Sen. Kirsten Gillibrand (N.Y.)

“I plan to stand up for individuals over corporations and oppose his nomination, and I will insist that his nomination meet a traditional 60 vote threshold,” she said in a February statement.

She is up for reelection in 2018 in a solidly Democratic state.  

Sen. Kamala Harris (Calif.)

California’s freshman senator wrote in a San Francisco Chronicle op-ed that “Judge Gorsuch has consistently valued narrow legalisms over real lives. I must do what’s right. I cannot support his nomination.”

Sen. Maggie Hassan (N.H.) 

“Judge Gorsuch is not in the mainstream,” she said in a statement announcing her opposition to the nominee. 

“He has not shown a commitment to protecting the rights of all Americans, and he does not seem to always fully consider the consequences his decisions have on real lives. I will vote against this nomination, and I support maintaining the traditional 60-vote threshold for confirming Supreme Court nominees.”

Sen. Martin Heinrich (N.M.)

Heinrich, who is up for reelection in 2018, announced on March 29 that he will oppose Gorsuch and “cannot support advancing the nominee.”

“Given the multiple congressional and criminal investigations that are tainting this Administration, it would not be responsible to move forward with President Trump’s Supreme Court nominee until these Russia-related allegations are resolved. We simply cannot process a lifetime appointment to the highest court in the land under these circumstances, especially since the court may be called upon to resolve matters related to these investigations,” he said in a statement.

“For these reasons, I intend to oppose his nomination and cannot support advancing the nominee under these circumstances.”

Sen. Mazie Hirono (Hawaii)

“I will not be supporting Neil Gorsuch,” Hirono, who is up in 2018 in a solidly Democratic state, told CNN on March 27.

She said she would “very much support” a 60-vote filibuster and said, “I don’t think that the Republicans have 60 votes.”

Sen. Tim Kaine (Va.)

The 2016 Democratic vice presidential candidate will back his party’s filibuster and vote against final confirmation. 

Kaine cited reproductive rights.

“Judge Gorsuch’s selective activism in restricting women’s rights and his framing of women making their own health decisions as ‘the wrongdoing of others’ are jarring and do not demonstrate a philosophy that belongs on the Supreme Court,” he said. 

Sen. Angus King (I-Maine)

King said that Gorsuch’s record shows him to be “a judicial activist well to the right of the current members of the Court, except perhaps Justice Thomas, on fundamental issues of constitutional structure.”

He cited Gorsuch’s decision in the Hobby Lobby case and spending by outside groups on behalf of his confirmation as part of his decision to vote no, which he announced April 4.

“If I am opposed to this nomination, it seems logical to oppose cloture because under the current rules, this would defeat the nomination. To support cloture in the current circumstance would make me guilty of ‘complicity’, to borrow Judge Gorsuch’s memorable term,” he said.

Sen. Amy Klobuchar (Minn.)

“His judicial record on critical issues including the rights of children with disabilities, campaign finance, and preserving health and safety protections have led me to conclude that I cannot support his nomination,” Klobuchar, who is up for reelection in 2018, said on March 28. 

Sen. Patrick Leahy (Vt.)

“As of now I do not believe I can support Judge Gorsuch,” Leahy tweeted on March 27. “He did not answer basic Qs & was selected by extreme interest groups w an agenda.”

“I am not inclined to filibuster, even though I’m not inclined to vote for him,” Leahy also told a Vermont news outlet. 

“Unless #JudgeGorsuch provides REAL answers to written Qs & senators are given ample time for review & debate, he will be filibustered,” the former Judiciary Committee chairman added on Twitter. 

Sen. Ed Markey (Mass.)

“Judge Gorsuch has sided with corporations over the environment, the disabled, and consumers. We need a Supreme Court justice who will stand up for the rights of all Americans against big corporate interests, and Judge Neil Gorsuch’s record is proof that he not that justice.”

Sen. Claire McCaskill (Mo.)

McCaskill, who faces reelection in 2018 in a state won by Trump, will oppose Gorsuch and back a filibuster against him.

She told the Associated Press that Gorsuch’s opinions favor corporations over workers and he’s shown “a stunning lack of humanity.”

“This is a stolen seat being filled by an illegitimate and extreme nominee, and I will do everything in my power to stand up against this assault on the Court.”

Sen. Bob Menendez (N.J.)

Menendez is up for reelection in a state Hillary Clinton won in November, and was the last unannounced Democrat. But in a Facebook post Monday night, he said he is against the nominee and will support a filibuster.

“Based on his record, judicial philosophy, and indirect and evasive answers during the hearings, I cannot support either cloture or final passage on Judge Gorsuch’s nomination,” he said in a statement. 

Sen. Chris Murphy (Conn.)

“I am deeply concerned about the politicization of the Court, and its recent capture by corporate and special interests. I am convinced Judge Gorsuch would exacerbate that slide, and continue the activist bent of the existing Court. For that reason, I cannot support him.”

His spokesman confirmed that Murphy, who is up for reelection in 2018 in a state Hillary Clinton won, said he’ll vote no on cloture as well. 

Sen. Patty Murray (Wash.)

“I have concluded that his anti-worker record, his troubling history working on torture policy for the Bush administration, and his hostility toward upholding disability rights make me unable to support his nomination to the Supreme Court.”

Sen. Bill Nelson (Fla.)

Nelson, who is up for reelection next year in a state Trump won narrowly, was undecided on Gorsuch until March 27.

“I have real concerns with his thinking on protecting the right to vote and allowing unlimited money in political campaigns,” he said in a statement.

“In addition, the judge has consistently sided with corporations over employees, as in the case of a freezing truck driver who, contrary to common sense, Judge Gorsuch would have allowed to be fired for abandoning his disabled rig during extreme weather conditions.

“I will vote no on the motion to invoke cloture and, if that succeeds, I will vote no on his confirmation.”

Sen. Gary Peters (Mich.)

Peters said in a statement that “after careful consideration of Judge Gorsuch’s comments and his record, I cannot support his nomination to serve on our nation’s highest court.”

An aide for Peters said he will also vote no on cloture for Gorsuch’s nomination.

Sen. Jack Reed (R.I.)

“If Judge Gorsuch is confirmed to the Supreme Court, I worry he would try to circumscribe voting rights and consumer protections and impose new constraints on civil liberties and women’s health care and roll back clean air laws.”

Sen. Bernie Sanders (I-Vt.)

“After careful consideration of Judge Gorsuch’s record, I have concluded that I will not vote to confirm him to be an associate justice of the Supreme Court,” said Sanders, who is up for reelection next year. 

“I will not support Republican efforts to change the rules to choke off debate and ram the nomination through the Senate.”

Sen. Brian Schatz (Hawaii)

Schatz says he will oppose Gorsuch and any effort to move his nomination forward.

“I am deeply troubled that, in Judge Gorsuch’s view, the religious rights of a corporation outweigh the rights of the women who work for the corporation,” he said in a statement released on March 31.

“He will have to earn 60 votes for confirmation. My vote will be no, and I urge my colleagues to do the same.”

Sen. Jeanne Shaheen (N.H.) 

“After meeting with Judge Gorsuch and reviewing his record and testimony, I cannot support his nomination to serve on the Supreme Court,” Shaheen said in a statement, citing his record on women’s reproductive rights and decisions that put “the interests of large corporations over those of their employees.”

Shaheen said she will vote no on cloture for the nominee. 

Sen. Debbie Stabenow (Mich.)

“After reviewing Judge Gorsuch’s rulings, it is clear that he has a long record of siding with special interests and institutions instead of hard-working Americans,” Stabenow, who is up for reelection in 2018, said in a statement.

“And, therefore, in my judgment, he does not meet this standard of balance and impartiality.”

She has not indicated how she would vote on cloture. 

Sen. Jon Tester (Mont.)

Tester announced on April 2 that he will not vote for Gorsuch and will not vote for cloture.

“Judge Gorsuch is a smart man but that doesn’t make him right for a lifetime appointment to the U.S. Supreme Court,” he said in a statement. “I cannot support a nominee who refuses to answer important questions.”

He is up for reelection in 2018 in a state that Trump won.

Sen. Tom Udall (N.M.) 

Udall, who recently floated the idea of confirming Gorsuch and President Obama’s nominee to the Supreme Court, Merrick Garland, simultaneously, is against confirming Gorsuch.

“I will vote no on cloture and confirmation,” he told the Albuquerque Journal on March 24. 

“He failed to answer questions that are critical for me — his position on the rights of working mothers, whether women can choose their own health care decisions, LGBTQ rights, and dark money in our elections,” Udall added.

Sen. Chris Van Hollen (Md.)

The Democratic Senatorial Campaign Committee chairman announced on March 28 that he would oppose Gorsuch.

He said restoring “faith” in the court “requires a nominee who is widely viewed to be an impartial administrator of justice – someone who is truly in the mainstream and who can earn the support of at least 60 senators.”

“I will insist that this nominee be held to that standard,” he said, without expressly stating how he would vote on cloture.

Sen. Mark Warner (Va.)

“Despite his impressive academic credentials,” Warner said in a statement on April 3, “Gorsuch’s record and evasive responses … do not give me confidence.”

The centrist Virginia senator was reelected by an unexpectedly narrow margin in 2014. 

Sen. Elizabeth Warren (Mass.)

“I’ve strongly opposed the Gorsuch nomination. Giant companies don’t need another Supreme Court justice to tilt the law in their favor.”

The Massachusetts Democrat is up for reelection in 2018.

Sen. Sheldon Whitehouse (R.I.) 

Whitehouse said he was not convinced that Gorsuch wouldn’t “pick up where Justice Scalia and his troop left off,” by issuing rulings — such as on campaign finance — that benefit Republicans.

“Judge Gorsuch needed to convince me he would not join the posse that has relentlessly stretched the law to benefit Republican partisans and corporations at the expense of everyone else.  He did not.  He will not get my vote,” he said in a March 24 statement.

He is up for reelection in 2018.

Sen. Ron Wyden (Ore.)

“I will vote no on his nomination and I will vote to sustain a filibuster.”

 

Undecided on final confirmation (1)

Sen. Michael Bennet (Colo.)

Bennet was criticized by the liberal group CREDO Action after praising fellow Coloradan Gorsuch’s integrity and intellect while introducing the nominee to the Judiciary Committee on March 20.

Asked Thursday if he would vote for Gorsuch, Bennet said, “I’m thinking about it.”

He said Monday that he would oppose a filibuster.