Senate Democrats have enough votes in their caucus to filibuster the nomination of Judge Neil Gorsuch to the Supreme Court, according to CNN.
Senate Minority Leader Chuck Schumer (D-N.Y.) called for members of his party to filibuster Gorsuch’s nomination, denying him the 60-vote threshold needed to end debate on his nomination.
Senate Majority Leader Mitch McConnell (R-Ky.) has indicated that Republicans will use the nuclear option to confirm Gorsuch, allowing them to circumvent that threshold and allow the body to confirm Gorsuch with a simple majority vote.
During former President Barack Obama’s administration, Democrats used the nuclear option to confirm district and circuit court judges.
Before a Senate Judiciary Committee vote Monday on advancing Gorsuch’s nomination to the full Senate, Sen. Chris Coons, (D-Del.) said he is “not ready to end debate on this issue,” becoming the 41st senator willing to filibuster Gorsuch.
“I will be voting against cloture unless we are able as a body to finally sit down and find a way to avoid the nuclear option, and ensure the process to fill the next vacancy on the court is not a narrowly partisan process, but rather an opportunity of both parties to weigh in and ensure we place a judge on the court who can secure support from members of both parties," Coons said.
According to CNN, as of Monday morning, Gorsuch has 55 votes, including three Democratic senators — Sens. Joe Donnelly (Ind.), Heidi Heitkamp (N.D.) and Joe Manchin (W.Va) — who have announced that they intend to vote for his confirmation to the Supreme Court.