Two Democratic Senators Say They Will Vote to Confirm Gorsuch to Supreme Court

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By Kody Fairfield

On Thursday, two Senators publicly announced that they would be confirming President Donald Trump’s nominee for the Supreme Court, Judge Neil Gorsuch.

Senator Heidi Heitkamp (D-ND) took to twitter to say that she will vote to confirm. She makes it clear that will affirming Gorsuch’s appointment, she does not approve of the way the Republicans handled the nomination of Merrick Garland during President Obama’s administration.

Her statement reads:

“As I said after Judge Garland was nominated and I’ve continued to say since Judge Gorsuch was nominated, one of the most important roles of the U.S. Senator is to vet nominees to fill vacancies on the U.S. Supreme Court and I take that job very seriously. After doing my due diligence by meeting with Judge Gorsuch and reviewing his record and testimony before the Senate Judiciary Committee, I’ve decided to vote in favor of his confirmation. He has a strong record as a balanced, meticulous, and well respected jurist who understands the rule of law. He has a unique and critical experience with tribal sovereignty, Indian law, and public land issues in the west, and has received the endorsement of numerous tribes and major Native American organizations. During our meeting and at his hearing, he reinforced the importance of a judiciary that remains independent of the executive and legislative branches of government. I expect him to follow through on that critical tenet. 

This vote does not diminish how disturbed I am by what Republicans did to Judge Garland. Senate Republicans played politics at its worst with an honorable, deeply qualified jurist- arguably the most well qualified nominee in modern history- who had long been supported by Republican and Democratic senators for his unmatched experience. His reward: Republicans refused to give him the fair consideration he deserved- not even a hearing- and his nomination was held open for almost 300 days- by far the longest for a Supreme COurt nomination. But I was taught that two wrongs don’t make a right. There isn’t a perfect judge. Regardless of which party is in the White House, the U.S. Supreme Court should be above politics”

Senator Joe Manchin (D-WV) has also come out to say he will support the nomination of Gorsuch.

Here is his statement:

“Senators have a constitutional obligation to advice and consent on a nominee to fill this Supreme Court vacancy and, simply put, we have a responsibility to do our jobs as elected officials. Just as I did when Merrick Garland was nominated, I met with Judge Gorsuch and evaluated his qualifications to be a justice on the Supreme Court. Judge Gorsuch has been questioned by the Judiciary Committee; Senators have met with him; and soon, we will cast our votes. After considering his record, wathcing his testimony in front of the Judiciary Committee and meeting with him twice, I will vote to confirm him to be the ninth justice on the Supreme Court.

Supreme Court jurists should have an extensive career in law, a record of upholding the Constitution in their rulings, an established judicial philosophy and an appropriate temperament. Judge Gorsuch’s legal career has spanned from Harvard Law School, earning a doctorate in legal philosophy at Oxford, clerking for two Supreme Court Justices, working for the Department of Justice, practicing law with a private firm, and being appointed to the bench of the Tenth Circuit Court of Appeals over ten years ago. Throughout Judge Gorsuch’s career, he has come to his legal rulings objectively, through the letter of the law rather than through his own opinion. 

During his time on the bench, Judge Gorsuch has received praise from his colleagues who have been appointed by both Democrats and Republicans. He 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 int he future but I have not found any reasons why this jurist should not be a Supreme Court Justice.”

The two Senators have take a large step away from Senate Minority leader Chuck Schumer’s (D-NY) threat to filibuster, and if the Republicans vote in unison, adding in both Manchin and Heitkamp, Gorsuch would have 54 votes to confirm, placing him 6 votes shy of the 60 votes needed.

The Senate Majority leader Mitch McConnell (R-KY) however has floated the “nuclear” option for the confirmation of the Judge, which would mean that a simple 51 vote majority would be needed for confirmation, a rule which was changed to confirm other nominations by former Majority Leader Harry Reid (D-NV) a couple years ago. (RELATED: It Could Be Close: Counting To 51 On The Nuclear Option)

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