Senator Leahy spoke to the folks at VTDigger.org on Sunday night:
“I am not inclined to filibuster, even though I’m not inclined to vote for him,” Leahy said.
In the same interview he acknowledged that his Republican colleagues had stonewalled all of President Obama’s judicial nominees:
“I do think the end of the filibuster hurts everybody,” Leahy said. “I was very reluctant to see us use the nuclear option, thought I don’t think we would have seen any of President Obama’s judges go through without it.”
it took about 18 hours, but by mid-afternoon Monday, Senator Leahy had changed his views:
So what changed in those 18 hours?
Even Sen. Patrick Leahy (D-Vt.), who told a local reporter in Vermont over the weekend that he is “not inclined to filibuster,” quickly walked that back in a series of tweets Monday amid a flurry of constituent calls organized by liberal groups. The former Judiciary Committee chairman said Gorsuch will be blocked unless the judge “provides real answers” to written questions for the record. Those written responses from Gorsuch are expected back to the committee sometime mid-week. — Politico
Message to the grassroots, keep calling your senators and demanding they stand firm against the Gorsuch nomination.
At this point, only Joe Manchin (WV) and Heidi Heitkamp (ND) have indicated they would vote for cloture.
“I’ve always been for cloture,” Manchin told Politico when asked whether he would vote to advance Gorsuch’s nomination, even if he ultimately opposes him. “I’ve always been, basically, ‘I’m not going to filibuster.’” — Politico
"As I said last year when Judge Garland was nominated -- and reiterated again when Judge Gorsuch was nominated -- the US Senate should have an up or down vote on any Supreme Court nominee as part of fulfilling our constitutional duty of providing advice and consent on nominees to the Supreme Court. I'm in the process of reviewing the materials (Gorsuch) submitted and testimony from his hearing before the Judiciary Committee while I continue to consider his nomination." Heitkamp statement on 3/27/2017 — CNN
Every other Democratic senator is either undecided or has said they will filibuster. Politico reports there are only 55 votes for cloture, i.e. only 3 Democratic senators. Chris Coons said earlier today he does not believe there are 60 votes for cloture. The Hill’s whip count has 20 No votes on Gorsuch from the Democrats, and zero Yes votes. Even Manchin has asked to meet again with Gorsuch. As for the two independents, one is filibustering, the other is being coy.
Bernie Sanders (I-VT): “I will not support Republican efforts to change the rules to choke off debate and ram the nomination through the Senate.”
Angus Maine (I-ME): King, an independent who caucuses with Democrats, earlier this month praised Gorsuch’s record on the 10thCircuit Court of Appeals as “exceedingly independent” but said Thursday he hasn’t made up his mind yet.
— The Hill
The GOP knows they are in trouble with the Gorsuch nomination. With Trump’s approval ratings plummeting, the catastrophic failure of their healthcare “plan”, and headlines dominated by the Trump-Russia investigation, Gorsuch’s nomination looks shakier. The Judiciary committee’s vote on Gorsuch has been delayed one week to April 3.
That gives the full Senate only 4 days to debate the nomination before the Easter recess begins on April 8. McConnell said he would ensure Gorsuch’s nomination was voted on before the break:
Democrats called that timetable unprecedented and rushed, noting that since the 1980s it has taken 29 days on average between the start of a Supreme Court confirmation hearing and a final confirmation vote. — WaPo
It is exceedingly unlikely that McConnell can get 50 of the 52 Republican senators to vote for a rule change within 4 days. Democrats should stand firm on cloture and keep debating Gorsuch’s nomination. There is no reason to allow such a rush appointment to a stolen seat on the Supreme Court by a historically unpopular president. And if they need a reason to block Gorsuch, here’s one, stop McConnell from taking a victory lap:
“As you know, I played arguably the single biggest role in having the vacancy there,” McConnell said. “I was prepared to take the heat because I knew that we would look completely foolish to allow the vacancy to be filled on the way out the door.” — Politico