Court Battles

GOP senator on going nuclear: ‘I really hope that it doesn’t come to that’

Moderate Republican Sen. Susan Collins (Maine) announced on the Senate floor Tuesday that she supports Supreme Court nominee Neil Gorsuch, but then told reporters that she doesn’t want to change Senate rules to confirm him.

The Maine Republican did not rule out voting for the so-called nuclear option, whereby the Senate could change the filibuster rule with a simple majority.

“I really hope that it doesn’t come to that,” she told reporters. 

{mosads}“I don’t want to change the rules and the Senate, and I hope we’re not confronted with that choice.”

Not a single Democratic senator has announced support for Gorsuch — although centrist Sen. Joe Manchin (D-W.Va.) told a reporter Monday that he would vote to end debate on the nomination and move it to a final up-or-down vote. 

And centrist Sen. Heidi Heitkamp (D-N.D.) said Tuesday that the Senate “should have an up or down vote on any Supreme Court nominee as part of fulfilling our constitutional duty.”

Both are up for reelection in 2018 in states that President Trump won by wide margins.

Sen. Patrick Leahy (D-Vt.), the former chairman of the Judiciary Committee, told a Vermont news outlet that he is “not inclined to filibuster” but in a subsequent tweet said “Unless #JudgeGorsuch provides REAL answers to written Qs & senators have ample time for review & debate, he WILL be filibustered.”

He also said he doesn’t believe he can support the nominee but will review Gorsuch’s answers to written questions before deciding.

Collins said she hopes Democrats will follow Leahy’s initial sentiment and support advancing the judge to a final vote that could pass with a simple majority.

“I was encouraged yesterday when Sen. Leahy said that even though he opposed the nominee, he wouldn’t engage in a filibuster. I hope many Democrats will follow his lead,” she said, seeming to bypass his later tweets on the matter.

Collins said she’s not ready to announce support for the nuclear option because, “I’m still hoping that the Democrats will withdraw the filibuster threat.”

Democrats have shown no indication of doing that, amid skepticism that Senate Majority Leader Mitch McConnell (R-Ky.) will be able to round up enough votes to change the filibuster rule for Supreme Court nominees.