Gorsuch, Not The Justice We Want

March 30, 2017

As of today there are 16, yes 16 Senators undecided about filibustering Neil Gorsuch.



Gorsuch graduated from Columbia, Harvard and Oxford. He clerked for two Supreme Court justices and was briefly at the Department of Justice.

Gorsuch is a strong supporter of religious freedom rights. Last September he joined a dissent arguing that requirements for contraception coverage in Obamacare trounced the rights of religious non-profits.

In 2000 Gorsuch wrote a law journal article and a 2006 book that argued against assisted suicide laws. 


Gorsuch's mother, Anne Burford Gorsuch, ran the EPA during the Reagan administration. She was forced to resign in 1983 facing a criminal investigation and a House contempt of Congress over records related to political favoritism in toxic waste cleanups.

Just this week, Gorsuch's strict interpretation of the law setting a standard for public school education for students was disabilities was overturned unanimously by the Supreme Court bench. They ruled that local school districts across the country must provide students with disabilities the environment to make "appropriately ambitious" progress. It was held by the court that "appropriate" as prescribed by the law goes further than what Gorsuch had held.


Fifteen Democrats and one Independent remain undecided on whether to filibuster Neil Gorsuch's nomination to the Supreme Court. The Senate Judiciary Committee vote is scheduled to take place on Monday, April 3 and a vote to confirm Gorsuch will take place on Friday, April 7. Following the vote, the Senate will take a two week recess.

Senate Minority Leader Chuck Schumer (New York) has called for a filibuster which would force Republicans to win 60 votes. Thirty Democrats, and Independent Bernie Sanders (Vermont) have vowed to support the filibuster.

Republicans have threatened to employ the so-called "nuclear option," changing the rules to confirm Gorsuch with a simple majority—though the move would be controversial and could come back to bite the GOP when they are no longer in the majority.

Sen. Susan Collins (Maine), for example, said this week that she supports Gorsuch's nomination, she wasn't sure if she would vote for the rule change. "I don't want to change the rules of the Senate, and I hope we're not confronted with that choice."


The following Democrats, and one Independent are undecided on whether to support the filibuster:

  1. Ben Cardin (Md.)

  2. Bob Menendez (N.J.)

  3. Brian Schatz (Hawaii)

  4. Catherine Cortez Masto (Nev.)

  5. Chris Coons (Del.)

  6. Claire McCaskill (Mo.)

  7. Dianne Feinstein (Calif.)

  8. Joe Donnelly (Ind.)

  9. Jon Tester (Mont.)

  10. Maria Cantwell (Wash.)

  11. Mark Warner (Va.)

  12. Michael Bennet (Colo.)

  13. Patrick Leahy (Vt.)

  14. Richard Blumenthal (Conn.)

  15. Tammy Duckworth (Ill.)

  16. Angus King (Maine)

Anti-Gorsuch protests are scheduled to take place nationwide on Saturday under the banner "People's Filibuster." Click here to find an event.

"Any Democratic senator who doesn't filibuster Gorsuch hurts not only their own standing, but makes the entire party look weak—dampening enthusiasm among the grassroots and swing voters Democrats need to fire up in 2018," said Progressive Change Campaign committee spokeswoman Kait Sweeney.

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