Yesterday, Senate Democrats revealed that they have the 41 votes required to filibuster the confirmation vote. Basically, an appointment requires 60 votes to pass the Senate. There are 100 Senators, so if there are 41 in opposition to a nominee, the minority group can filibuster a SCOTUS nomination vote, thus shutting the Senate floor down, to force a change in course.
If the Democrats filibuster, Senate Majority Leader Mitch McConnell has threatened to use the nuclear option. This means that by a simple majority, Republicans would change the Senate’s rules to abolish the ability of a minority to filibuster Supreme Court confirmation votes.
WAVERING ON THE WIRE
A few Democratic Senators are currently undecided on which way they will fall.
- Michael Bennet (D-CO): Says he won't join a Democratic filibuster, but he is encouraging the Republicans not to go nuclear | Call at 202-224-5852
- Angus King (I-ME): Undecided | Call at 202-224-534
It looks like, unless we can turn a simple majority against the Gorsuch vote, this judge will soon be a justice. His nomination is now on the Senate floor for a full vote, date TBD.
- Use FaxZero to send free, online faxes to your Senators on the committee (see below).
- Call, call, call! Target the undecided Senators listed on the left, especially if you live in those states.
- Find your Senators here.
- Check committee members here.
- Read about the current 'nuclear option' and forthcoming filibuster from the NY Times.
SAMPLE SCRIPT: Check out our previous posts for more on Gorsuch's positions
"Hello, I am calling to express my utmost concern regarding the appointment of Neil Gorsuch to the Supreme Court. I am wondering if the Senator has determined how he is voting?
[If voting yes] I think this is a highly problematic nomination. Judge Gorsuch may be qualified as a judge, but his stances on key issues facing our country are not aligned with the American people and their views on the subjects. His strong anti-criminal justice reform , pro-corporations, and pro-choice (or anti-Roe v. Wade) positions threaten our country's integrity and unity. Please tell the Senator his constituents are encouraging him to reconsider a yes vote."