Democrat Michael Bennet will not filibuster Neil Gorsuch nomination

U.S. Sen. Michael Bennet, a Democrat, says he will not vote to filibuster Trump U.S. Supreme Court nominee Neil Gorsuch.
News of Bennet’s decision – a question that has been hanging over the Democrat’s head for weeks – was first reported by Colorado Independent columnist Mike Littwin.
Bennet reiterated his thoughts in a statement Monday morning.
“Neither Republicans nor Democrats are blameless for where things stand in our politics and on this nomination,” Bennet said. “But at some point, we need to take the long view and stand up for our institutions.
“Using the filibuster and nuclear option at this moment takes us in the wrong direction. I have spent the past several weeks trying to avoid this outcome. Changing the Senate rules now will only further politicize the Supreme Court and prevent the Senate from blocking more extreme judges in the future.”
Gorsuch – a 49-year-old Colorado native and U.S. Court of Appeals judge for the 10th Circuit – is in the final stage of his confirmation process by the U.S. Senate. Republicans are hoping to send the nomination to the full Senate for approval and end the process by the end of the week. Debate in the Senate could start as early as Tuesday morning. A two-week recess is set to begin on Friday.
Democrats, who are in the minority in the Senate, have vowed to filibuster Gorsuch’s nomination. It would take 60 votes to end the filibuster and move forward with a vote. Republicans hold 52 seats.
With the announcement Monday – Bennet’s first on the subject – he becomes the fourth Democrat in the Senate to break from the majority of his caucus. The GOP would still need four more Democrats to defect.
Gorsuch was nominated on Jan. 31 to replace the late Antonin Scalia.
Senate Majority Leader Mitch McConnell, R-Ky., has announced plans to change Senate rules to end filibusters on Supreme Court picks. There is precedent, after Democrats made a rule change in 2013 following efforts by Republicans to block President Obama’s nominees.
One of the main factors irking Democrats in the nomination of Gorsuch is that Republicans refused to hold confirmation hearings or allow an up or down vote on Obama Supreme Court nominee Judge Merrick Garland.
Bennet has faced pressure from liberal organizations, who have objected to Gorsuch’s record, especially on abortion rights. It has been a difficult campaign for progressive organizations, as Gorsuch walks a more moderate path than other conservative candidates Trump could have nominated.
For example, on abortion, during his confirmation hearings, Gorsuch said he recognizes Roe v. Wade as the “law of the land.”
ProgressNow Colorado came down on Bennet after news Monday that he would not participate in a filibuster. The organization promised to hold the senator accountable: “Your phone is ringing,” they said.
“It’s hard not to be very disappointed that Sen. Bennet has chosen not to stand with the Democratic caucus in the United States Senate and take every action possible to oppose Neil Gorsuch’s appointment to the U.S. Supreme Court,” said Ian Silverii, executive director of ProgressNow Colorado.
“The seat was stolen by Mitch McConnell and Cory Gardner who refused to give the equally qualified and much more mainstream Merrick Garland a single hearing, abdicating their constitutional responsibility. Now that Bennet has decided not to support the filibuster, Colorado progressives will redouble our efforts to demand that he vote ‘no’ on Trump’s illegitimate nominee.”
But Bennet said he didn’t believe that the situation called for a filibuster or a “nuclear option” in the way of a rules change.
“I will oppose efforts to filibuster the nomination, and strongly encourage my colleagues not to use the nuclear option.”
