It will be only the second time in modern history that the Senate has mounted a filibuster against a nominee.
By Burgess Everett
01/30/17 12:05 PM EST
Updated 01/30/17 03:02 PM EST
Senate Democrats are going to try to bring down President Donald Trump's Supreme Court pick no matter who the president chooses to fill the current vacancy.
With Trump prepared to announce his nominee on Tuesday evening, Sen. Jeff Merkley (D-Ore.) said in an interview on Monday morning that he will filibuster any pick that is not Merrick Garland and that the vast majority of his caucus will oppose Trump’s nomination. That means Trump's nominee will need 60 votes to be confirmed by the Senate.
“This is a stolen seat. This is the first time a Senate majority has stolen a seat,” Merkley said in an interview. “We will use every lever in our power to stop this.”
It’s a move that will prompt a massive partisan battle over Trump’s nominee and could lead to an unraveling of the Senate rules if Merkley is able to get 41 Democrats to join him in a filibuster. Sen. Amy Klobuchar (D-Minn.) also reminded her Twitter followers on Sunday night that Supreme Court nominees can still be blocked by the Senate minority, unlike all other executive and judicial nominees.
Any senator can object to swift approval of a nominee and require a supermajority. Asked directly whether he would do that, Merkley replied: “I will definitely object to a simple majority” vote.
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Merkley's party leader, Sen. Chuck Schumer of New York, has said he will fight "tooth and nail" any nominee who isn't "mainstream."
http://www.politico.com/story/2017/01/senate-democrats-filibuster-supreme-court-pick-234368
