Democrats in pro-Trump states face tough choice on court nominee

Published 7:30 pm Wednesday, February 1, 2017

WASHINGTON – Within hours of President Donald Trump’s nomination of Neil Gorsuch to the U.S. Supreme Court, a conservative group was running the first $2 million worth of ads – in a $10 million campaign – touting the appeals court judge in states such as Indiana and Missouri, where Democratic senators are on the fence.

Just 14 hours after Trump announced his choice, liberal activist groups were putting the heat on another undecided senator, Pennsylvania Democrat Bob Casey, to oppose the nomination.

Thousands of people have “taken to the streets to show their willingness to stand up to Trump,” said Shamaine Daniels, a city councilwoman in Harrisburg, Pennsylvania, in a call with reporters Wednesday. “We ought to expect the same from our senators.”

Centrist Senate Democrats – such as Casey, Indiana’s Joe Donnelly, Missouri’s Claire McCaskill and West Virginia’s Joe Manchin – are in the eye of a coming debate over Gorsuch’s confirmation.

All four are up for re-election in two years in states won by Trump. Their votes are seen as critical by Republicans trying to gather enough Democratic support to overcome an expected filibuster of Gorsuch’s nomination.

Republicans hold a Senate majority with 52 seats but need Democrats to reach the 60 votes needed to end a filibuster.

Failing that, Republicans will be faced with deciding on a so-called “nuclear option” – changing Senate rules to strip Democrats’ ability to filibuster.

Republicans leaders have not said they’re willing to do that, although Trump has urged them to do so.

The Judicial Crisis Network – which spent more than $7 million against President Barack Obama’s pick for the Supreme Court, Judge Merrick Garland – announced a $10 million campaign to push Democrats in pro-Trump states to support Gorsuch.

Its first ads appeared in Missouri, Indiana, North Dakota, Montana and Washington, D.C., on Tuesday night. The straightforward ads touted the Colorado judge, who sits on the 10th Circuit Court of Appeals, for his academic and legal accomplishments.

“Devoted to the Constitution. Hard Worker. Rare Talent,” says the ad.

Carrie Severino, the group’s chief counsel and policy director, said in an interview, “We reserve the right to go on the attack later.”

West Virginia and Pennsylvania are on the list for future ads, she said.

“The biggest significance is for Democrats — whether they are gong to align themselves with obstructionism or what their constituents chose,” Severino said.

For Democrats who try to block the confirmation, she said, the group will make sure they pay at re-election time.

“The Democrats are in a tough spot,” she said. “Their base is getting more and more extreme.”

She noted many in the party want “retribution” over Republicans’ blocking Garland’s nomination.

Yet, many Democratic senators come from states where Trump won by double-digits.

MoveOn, a progressive group opposing Gorsuch’s nomination, was flooding senate offices with calls in opposition, It promises rallies at senators’ offices back home when they return during a congressional recess this month.

“I wouldn’t be surprised if they didn’t hear a rock concert-level roar of opposition at every appearance,” said Ben Wikler, MoveOn Washington director.

The group is also starting to raise campaign money for Sen. Jeff Merkley, D-Ore., as thanks for his pledge to support an anti-Gorsuch filibuster.

More fundraisers could come for others who get off the fence, Wikler said.

Laura Epstein, spokeswoman for People for the American Way, which helped organize the Pennsylvania phone call that included Daniels and others, said they’re setting up similar calls for Missouri Michigan, West Virginia and Florida. The group also plans to run ads.

Senators in states that backed Trump could be in danger and “pay a political price” for blocking his “outstanding choice for the Supreme Court,” said Senate Majority Whip John Cornyn, R-Texas.

“I think our new president would be eager to go to the states that he carried in the election … where these Democrats are running for reelection in 2018 and make the case,” Cornyn told Fox News.

But Gorsuch’s opponents hope to convince senators they have nothing to fear.

“Trump won on claims that he would be on their side, but that’s not what we’re seeing, time and again,” said Marge Baker, vice president of People For the American Way.

Trump’s popularity is unusually low for a new president, Wikler said. On the other hand, he said, Democratic voters will decide in 2018 whether to campaign, give money to and support candidates based on their willingness to take on Trump.

On the other hand, he said, Democratic voters will decide in 2018 whether to campaign, give money to and support candidates based on their willingness to take on Trump.

Stuck in between campaigns on both sides are the four centrist senators, all of whom refused to take an early position on Gorsuch.

Unlike Democrats such as Massachusetts Sens. Elizabeth Warren and Ed Markey, who quickly issued statements opposing Gorsuch, Casey said in a statement he’s concerned “far-right groups presented an edict to Donald Trump … demanding he select a nominee from their approved list.”

Yet, Casey stopped short of opposing Gorsuch, saying only he will “thoroughly review” the president’s nomination.

Donnelly, McCaskill and Manchin also said they will scrutinize Gorusch’s record. Manchin met with him Wednesday afternoon.

McCaskill, though, got a taste of the backlash the senators could face when she tweeted Tuesday, innocently enough: “We should have a full confirmation hearing process and a vote on ANY nominee for the Supreme Court.”

Dozens of people responded angrily that she’ll face a Democratic challenger in two years.

“You will lose your job very quickly if you cave to this administration. Stop the nonsense,” one tweeted.

Kery Murakami is the Washington, D.C. reporter for CNHI’s newspapers and websites. Contact him at kmurakami@cnhi.com.

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