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3 of 4 Southern Senate Democrats supporting Gorsuch filibuster

U.S. Senator Joe Manchin of West Virginia sole supporter of Trump Supreme Court nominee

WASHINGTON (CFP) — With the U.S. Senate headed for an epic showdown over a Democratic filibuster of President Trump’s first Supreme Court nominee, three of the four Democrats who represent Southern states in the Senate have lined up against Neil Gorsuch’s confirmation.

Supreme Court nominee Neil Gorsuch

Senators Bill Nelson of Florida and Mark Warner and Tim Kaine of Virginia have all announced they will support a Democratic filibuster designed to stop the Gorsuch nomination, which will likely prompt GOP leaders to end filibusters for Supreme Court nominees, a move that has come to be known as the “nuclear option.”

The lone supporter of Gorsuch left among Southern Democrats is Senator Joe Manchin of West Virginia. All 24 Southern Republicans in the Senate are expected to vote to end the filibuster and confirm Gorsuch.

Manchin — up for re-election in 2018 in a state Trump carried by a whopping 32 points — said in a statement that Gorsuch “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,” he said.

Warner and Kaine’s opposition to Trump’s nominee presents less political risk in Virginia, the only Southern state Trump failed to carry last November.  Nelson, however, is up for re-election in 2018 in a state Trump won and could be facing a formidable Republican foe in Florida Governor Rick Scott.

U.S. Senator Bill Nelson of Florida

In a statement announcing his decision to oppose Gorsuch, Nelson said he has “real concerns with (Gorsuch’s) thinking on protecting the right to vote and allowing unlimited money in political campaigns. In addition, the judge has consistently sided with corporations over employees.”

“I will vote no on the motion to invoke cloture (to end the filibuster) and, if that succeeds, I will vote no on his confirmation,” Nelson said.

The National Republican Senatorial Committee immediately released a statement noting that Nelson had opposed a previous Democratic filibuster of Supreme Court Justice Samuel Alito in 2006 and had previously voted to confirm Gorsuch to a seat on the Denver-based 10th U.S. Circuit Court of Appeals.

“Nelson proved to Floridians today that he no longer shares their values, and instead is more politically aligned with the liberal elite of Washington,” said Katie Martin, an NRSC spokeswoman. “Nelson has been in Washington too long and his move to ignore the will of voters in Florida will cost him his job in 2018.”

U.S. Senator Tim Kaine

Kaine, who is also up for re-election in 2018, is also being pounded by Republicans, particularly over a remark he made during the 2016 campaign saying he would support the “nuclear option” if Republicans filibustered any of Hillary Clinton’s Supreme Court nominees. At the time, Kaine was Clinton’s running mate.

In a lengthy statement explaining his support for the filibuster, Kaine noted that Republicans refused to consider President Obama’s selection of Merrick Garland for the Supreme Court vacancy created by the death of Justice Antonin Scalia in 2016, for which Gorsuch has now been nominated. He also said the filibuster, which Gorsuch would need 60 votes to overcome, ensures that high court nominees “receive significant bipartisan support.”

“That is especially important now given the many important issues pending before the court and the clear need to fill a position long held vacant through blatant partisan politics with someone who can bring independence and non-partisanship to the job,” Kaine said.

If Republicans are unable to get 60 votes to end the filibuster against Garland, Republican leaders are expected to change Senate rules to end filibusters for Supreme Court nominees and allow them to be confirmed by a simple majority.

In 2013 when Democrats controlled the Senate, they invoked the so-called “nuclear option” to end filibusters for nominees for positions in the executive branch, after minority Republicans thwarted several of President Obama’s appointments.

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