Top Senate Democrat says unlikely Trump court pick can clear procedural hurdle

WASHINGTON, (Reuters) - The top Democrat in the U.S. Senate said yesterday it was unlikely that Supreme Court nominee Neil Gorsuch would be able to clear a procedural hurdle to a final vote, even as a third Senate Democrat threw support behind the pick.

Senator Joe Donnelly, a Democrat from Indiana, said he would vote in favour of Gorsuch, calling him in a statement a “qualified jurist who ... is well-respected among his peers.”

Donnelly joined Senators Joe Manchin of West Virginia and Heidi Heitkamp of North Dakota as the only Senate Democrats to announce support for President Donald Trump’s court pick.

If confirmed to fill a vacancy created by the February 2016 death of conservative Justice Antonin Scalia, Gorsuch, 49, an appeals court judge, would restore the nine-seat high court’s conservative majority, fulfilling one of Trump’s top campaign promises.

Most other Democrats have made their opposition clear and 37 senators have indicated support for a filibuster of the nomination, which would force Republicans to come up with 60 votes to move forward. Republicans control the Senate 5248.

“It’s highly, highly unlikely that he’ll get to 60,” Senate Democratic leader Chuck Schumer said on NBC’s “Meet the Press.”

Last evening, Democratic Senator Jon Tester declared he would vote against Gorsuch. In a statement, the Montana lawmaker said Gorsuch was “smart” but added: “That doesn’t make him right for a lifetime appointment to the U.S. Supreme Court.”

If the planned filibuster holds, Senate Republican leader Mitch McConnell would only be able to advance the nomination of Gorsuch by changing long-standing Senate rules so it could be approved by a simple majority.