WASHINGTON—The Republican-led Senate was poised on Friday to confirm President Donald Trump’s Supreme Court pick, conservative appeals court judge Neil Gorsuch, providing the president with his first major victory since taking office in January.
Republicans have a 52-48 Senate majority and all of them support Gorsuch, as do a handful of Democrats. The vote is expected at around 11:30 a.m. (1530 GMT) on Friday.
“He’s going to make an incredible addition to the court. He’s going to make the American people proud,” Senate Majority Leader Mitch McConnell said in remarks on the Senate floor kicking off Friday’s debate ahead of the confirmation vote.
McConnell added that Gorsuch, a Colorado-based federal appeals court judge who previously worked in the Justice Department under Republican former President George W. Bush, has “sterling credentials, an excellent record and an ideal judicial temperament.”
Senate confirmation of Gorsuch, 49, would restore the nine-seat court’s 5-4 conservative majority, enable Trump to leave an indelible mark on America’s highest judicial body and fulfill a top campaign promise. Gorsuch could be expected to serve for decades, while the Republican Trump could make further appointments to the high court because three of the eight justices are 78 or older.
Republicans on Thursday overcame a ferocious Democratic effort to block a confirmation vote by resorting to a Senate rule change known as the “nuclear option.”
They disposed of long-standing rules in order to prohibit a procedural tactic called a filibuster against Supreme Court nominees. That came after Republicans failed by a 55-45 vote to muster the 60-member super-majority needed to end the Democratic filibuster that had sought to deny Gorsuch confirmation to the lifetime post.
Senate Democratic leader Chuck Schumer, who led the filibuster effort, said on Friday the rule change will make the Senate “a more partisan place” and that Americans’ faith in the integrity of the court and the basic impartiality of the law will suffer.
Senate Minority Leader Chuck Schumer arrives ahead of the vote to confirm Judge Neil Gorsuch as an Associate Justice of the Supreme Court at the U.S. Capitol in Washington on April 7, 2017. (REUTERS/Aaron P. Bernstein)Schumer said he hoped Gorsuch would heed concerns that the Supreme Court is “increasingly drifting toward becoming a more pro-corporate court that favors employers, corporations, and special interests over working America.”
The expected confirmation would give a boost to Trump. The Republican-led Congress failed to pass legislation he backed to dismantle the Affordable Care Act, the healthcare law that was Democratic former President Barack Obama’s signature legislative achievement. Courts also have blocked Trump’s order to stop people from several Muslim-majority countries from entering the United States.
His administration also has faced questions about any role his associates may have played in Russian meddling in the 2016 U.S. presidential election to help Trump.
Appeal for Cooperation
US Senate Majority Leader Mitch McConnell (C), Republican of Kentucky, speaks alongside Republican Senate leadership to the press about the vote for Neil Gorsuch to serve on the Supreme Court, at the US Capitol in Washington on April 4, 2017. (SAUL LOEB/AFP/Getty Images)A day after resorting to the nuclear option to break Democratic opposition to Gorsuch, McConnell appealed to Democrats to cooperate with Republicans, noting that the Senate has a number of important issues to consider in the coming months. Trump is hoping for major legislation on tax cuts, healthcare, infrastructure spending and other matters.
The move could make it easier for Trump to win confirmation of Supreme Court nominees in the Republican-led Senate, with Democrats left powerless to resist even if he gets a chance to replace the court’s senior liberal, 84-year-old Justice Ruth Bader Ginsburg, or the court’s conservative swing vote, 80-year-old Anthony Kennedy, with more conservative replacements.
The nine-seat Supreme Court has had a vacancy since conservative Justice Antonin Scalia died in February 2016. Republican Senate leaders refused last year to act on Democratic former President Barack Obama’s nominee, appeals court judge Merrick Garland, to replace Scalia.
A conservative-majority Supreme Court is more likely to support gun rights, abortion regulations, an expansive view of religious liberty, and Republican-backed voting restrictions, while opposing curbs on political spending. The court also is likely to tackle transgender rights and union funding in coming years.
Democrats accused Gorsuch of being so conservative as to be outside the judicial mainstream, favoring corporate interests over ordinary Americans in legal opinions, and displaying insufficient independence from Trump.
Gorsuch could be sworn in as early as Friday so he can begin preparing for the court’s next session of oral arguments, starting on April 17. The court’s current term ends in June.
Gorsuch’s first official act would be to participate in the court’s private conference on April 13, when the justices will consider new cases to hear. There are appeals pending on expanding gun rights to include carrying concealed firearms in public, state voting restrictions, which proponents say will reduce voter fraud, and which critics say are aimed at reducing minority turnout, and allowing business owners to object on religious grounds to serving gay couples.
On April 19, the court will hear a religious rights case in which a church contends Missouri violated the Constitution’s guarantee of religious freedom by denying it funds for a playground project due to a state ban on aid to religious organizations. Gorsuch has ruled several times in favor of expansive religious rights during his decade as a judge.
