Centrist Democrats are withholding their support of Supreme Court nominee Neil Gorsuch after Senate Democratic Leader Charles Schumer Chuck SchumerMcConnell accuses Democrats of sowing division by 'downplaying progress' on election security Warren, Schumer introduce plan for next president to cancel ,000 in student debt Schumer lashes out at Trump over 'blue states' remark: 'What a disgrace' MORE (D-N.Y.) came out strongly against him.

Gorsuch, who is nominated to fill the vacancy on the court left by the death of Justice Antonin Scalia, appeared to be coasting to Senate confirmation a few weeks ago.

But after three days of Senate Judiciary Committee hearings put a spotlight on his record, Democratic support for his nomination is looking less certain.

The hearings highlighted a dissenting opinion Gorsuch wrote siding with a trucking company that fired an employee who declined to sit inside a broken-down vehicle in sub-zero weather. The man was showing symptoms of hypothermia.

ADVERTISEMENT

Democrats also scrutinized Gorsuch’s ruling against a parent who sought to place a severely autistic boy in a special schooling program under the Individuals with Disabilities Education Act. The Supreme Court effectively overturned that ruling while he testified Wednesday by striking down another court decision that relied on his interpretation.



Those rulings aren’t sitting well with centrist Democrats, nor is his refusal this week to endorse Roe v. Wade, the landmark case creating abortion rights, or even Eisenstadt v. Baird, which guaranteed the right to use contraception.

Republicans control 52 seats in the Senate. They will need the support of eight Democrats to end the filibuster of Gorsuch that liberals are vowing to wage.

Right now, getting eight votes Democratic votes is looking like a heavy lift.

“They might not get to 60 [votes], which they’re starting to get anxious about,” said Sen. Sheldon Whitehouse Sheldon WhitehouseLWCF modernization: Restoring the promise Restaurant owner defends calamari as 'bipartisan' after Democratic convention appearance Warren calls on McConnell to bring Senate back to address Postal Service MORE (D-R.I.), a member of the Judiciary Committee.

Another Senate Democratic source said centrists who appeared open to backing Gorsuch after meeting with him personally are now starting to pull back.

President Trump’s sinking public approval rating has begun to undermine his agenda on Capitol Hill — most obviously his plan to repeal and replace ObamaCare — along with his court pick, Democrats say.

After Gorsuch delivered three days of public testimony before the Senate Judiciary Committee, including nearly 20 hours of direct questioning, not a single centrist Democrat announced support for him Thursday.

The most likely Democrat to vote yes, Sen. Joe Manchin Joseph (Joe) ManchinBiden promises Democratic senators help in battleground states Senate leaders quash talk of rank-and-file COVID-19 deal OVERNIGHT ENERGY: House Democrats tee up vote on climate-focused energy bill next week | EPA reappoints controversial leader to air quality advisory committee | Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' MORE of West Virginia, said he wants to meet again with Gorsuch privately before making a decision.

Republicans were counting on Manchin, who is running for reelection next year in a state that Trump won by 42 points, to be a certain yes on the nominee — but he’s not there yet.

Other Democrats considered likely to vote for Gorsuch said they are undecided.

“I’m not talking about Gorsuch,” said Sen. Claire McCaskill Claire Conner McCaskillDemocratic-linked group runs ads in Kansas GOP Senate primary Trump mocked for low attendance at rally Missouri county issues travel advisory for Lake of the Ozarks after Memorial Day parties MORE (D-Mo.), who is up for reelection next year in a state Trump won by nearly 20 points.

Sen. Heidi Heitkamp Mary (Heidi) Kathryn HeitkampCentrists, progressives rally around Harris pick for VP 70 former senators propose bipartisan caucus for incumbents Susan Collins set to play pivotal role in impeachment drama MORE (D-N.D.), who also faces voters in 2018 in a heavily pro-Trump state, said, “I haven’t decided.”

She wants to review the tapes of the confirmation hearings and “catch up” before announcing her position.

Sen. Michael Bennet Michael Farrand BennetOVERNIGHT ENERGY: House Democrats tee up vote on climate-focused energy bill next week | EPA reappoints controversial leader to air quality advisory committee | Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' Senate Democrats demand White House fire controversial head of public lands agency Next crisis, keep people working and give them raises MORE (D-Colo.), who introduced Gorsuch, a fellow Coloradan, to the Judiciary panel Monday, said, “I’m thinking about it.”

Sen. Jon Tester Jonathan (Jon) TesterPence seeks to boost Daines in critical Montana Senate race This World Suicide Prevention Day, let's recommit to protecting the lives of our veterans Filibuster fight looms if Democrats retake Senate MORE (D-Mont.), who is on the ballot next year in a state Trump carried by 20 points, said he wouldn’t announce a decision until next week.

“There are some things I wish he had been a little bit more clear on. There are some questions he didn’t answer,” he said.

While all of those senators are facing competitive reelection races, they are also under intense pressure from members of the liberal grassroots to oppose Gorsuch. Backing the nominee could wind up angering those voters in a midterm election year where turning out the base will be crucial.

Sen. Bob Casey Robert (Bob) Patrick CaseySecond GOP senator to quarantine after exposure to coronavirus GAO report finds brokers offered false info on coverage for pre-existing conditions Catholic group launches .7M campaign against Biden targeting swing-state voters MORE (D), who is running for reelection in Pennsylvania, a state Trump won, quickly announced to reporters in a call Thursday that he would oppose Gorsuch, citing his opinion against the truck driver.

Schumer vowed Thursday that he will whip his members against the nominee.

“My vote will be no, and I urge my colleagues to do the same,” he said on the Senate floor.

Schumer warned that Gorsuch, who was recommended by two conservative groups, the Federalist Society and the Heritage Foundation, is “someone with a deep-seated conservative ideology.”

Gorsuch this week dodged questions about how he viewed Trump’s controversial travel ban on visitors from several predominantly Muslim countries or whether the constitutional ban on U.S. officeholders accepting gifts from foreign powers applied to Trump’s real-estate empire.

Sen. Angus King Angus KingShakespeare Theatre Company goes virtual for 'Will on the Hill...or Won't They?' On The Trail: How Nancy Pelosi could improbably become president Angus King: Ending election security briefings 'looks like a pre-cover-up' MORE (Maine), an independent who caucuses with Democrats, earlier this month described Gorsuch’s record as “exceedingly independent.”

On Thursday, however, he said hadn’t made up his mind on his nomination.

Liberal activists, such as filmmaker Michael Moore, warn that Democrats who vote for Gorsuch will face primary challenges.

Heidi Hess, senior campaign manager at CREDO Action, a liberal advocacy group, criticized Bennet Monday after he introduced Gorsuch and “contributed to the lighthearted tone” of the first day of the Judiciary Committee hearings.

“A vote for Gorsuch is a vote to hand the court over to Trump,” she said. “In the same way the vote to hand the Iraq war vote to George W. Bush was a stain on Democrats’ record, we see a vote for Gorsuch as a stain on their record and progressives will hold them accountable.”

Republicans such as conservative Sen. Ted Cruz Rafael (Ted) Edward CruzLoeffler calls for hearing in wake of Netflix's 'Cuties' Health care in the crosshairs with new Trump Supreme Court list 'Parks and Rec' cast members hosting special reunion to raise money for Wisconsin Democrats MORE (Texas) have threatened to change the Senate’s filibuster rule if Democrats block Gorsuch.

They could do so with a simple majority vote, a tactic so controversial it’s called the nuclear option.

Sen. Lindsey Graham Lindsey Olin GrahamThe Hill's Campaign Report: Arizona shifts towards Biden | Biden prepares for drive-in town hall | New Biden ad targets Latino voters Senate Democrats' campaign arm announces seven-figure investment to boost Graham challenger Graham: Comey to testify about FBI's Russia probe, Mueller declined invitation MORE (R-S.C.) said he’d be willing to consider the nuclear option if Democrats block Gorsuch.

"Whatever it takes to get him on the court, I will do," Graham said on "The Mike Gallagher Show," as reported by CNN.

But Democrats are betting that Senate Majority Leader Mitch McConnell Addison (Mitch) Mitchell McConnellMcConnell focuses on confirming judicial nominees with COVID-19 talks stalled McConnell accuses Democrats of sowing division by 'downplaying progress' on election security Warren, Schumer introduce plan for next president to cancel ,000 in student debt MORE (R-Ky.) will have a tough time persuading 50 members of his caucus to change the rules for the nominee.

“They might not get it,” a senior Democratic aide said of the prospect of McConnell mustering enough votes to change the filibuster rule.

Schumer has urged Republicans recommend Trump pick another nominee instead of amending the Senate’s rules.