Why Democrats aren’t worried about the ‘nuclear option …
They just don't care.
"The filibuster is such a silly, non-intuitive tactic that most people don't even believe it exists," Markos Moulitsas, founder of the liberal blog DailyKos.com, told CNN in an email.
Inside the Senate, some red-state Democrats and longtime institutionalists have fretted that mounting an all-out battle to stop Gorsuch will hurt the party's chances of winning future fights and further degrade the more deliberative chamber of Congress. The 'nuclear option' would lower the bar from 60 senators needed to break a filibuster to 51, and Republicans currently control the chamber with a 52-48 margin.
But off Capitol Hill, Democrats -- from Washington insiders to progressive activists across the country -- are sick of hearing about those precautions.
Fueled by the base's anti-Trump energy, Democrats across the spectrum don't want to hand Trump any easy victories. They are insisting on showing Republicans that blocking Merrick Garland's Supreme Court nomination in President Barack Obama's final year won't go without retaliation.
And they see the filibuster -- which McConnell could erase at any point -- as a gun with no ammunition.
"The filibuster is effectively gone. If you don't filibuster Gorsuch, McConnell will just get rid of it next time," said Adam Jentleson, a former Harry Reid aide who's now a senior strategic adviser for the Center for American Progress Action Fund.
Many Democrats were frustrated by senators' initial openness to supporting Gorsuch, but the nominee bungled the opportunity to win many of them over with what Democratic senators viewed as dismissive answers to questions during his confirmation hearing and to written follow-ups, Jentleson said.
Contrary to some institutionalists' hopes, McConnell would be even more likely to invoke the nuclear option to get the next Supreme Court nominee confirmed, he argued.
"Next time, the balance of the court would be at stake, so the motivation to go nuclear is even stronger. It goes both ways," he said. "It's false to say Democrats don't care. But I think it's just not their choice."
"Reid put up with years and years of incredible amounts of obstruction, and pressure from his base, before he finally went nuclear," Jentleson said. "McConnell, by sort of signaling he's going to do it beforehand -- literally the very first opportunity to go nuclear, he's pulling the trigger."
Sen. Chris Coons, D-Delaware, was the 41st Democrat to pledge to oppose Gorsuch, guaranteeing a filibuster. He told CNN's Wolf Blitzer that he is open to negotiating with Republicans to find an agreement on avoiding the nuclear option -- so long as the GOP doesn't invoke it on the next confirmation battle.
"I said, 'I will vote against closure unless the Republicans and Democrats in the Senate can somehow find an agreement that is trustworthy and reliable, where on the next Supreme Court nominee they won't change the rules and we will have input, and a more confirmable, consensus nominee will be put in front of the Senate,'" Coons said. "I'm not saying that I'm insisting that we force the Republican majority to break the rules. That's a choice they're going to have to make."
Like Coons, Sen. Patrick Leahy, D-Vermont, publicly agonized over his decision. But on Monday, he said he would filibuster Gorsuch, saying he "cannot vote solely to protect an institution."
Campaigning Friday in New Jersey, Democratic National Committee chair Tom Perez and deputy chair Keith Ellison, a Minnesota congressman, both called for a filibuster of Gorsuch, knowing it would likely lead McConnell to invoke the nuclear option.
"If you do not have enough support, we should not change the rules for you," Ellison told Democrats in Asbury Park. "We should change the nominee."
Perez made the point again in a statement Monday, after it became clear Democrats would filibuster Gorsuch.
"It's plain and simple: Gorsuch has not earned the votes in the Senate to join the Supreme Court," he said. "Republicans can't fix Gorsuch by changing the rules. They need to change the nominee."
Other Democrats directly called for the filibuster's elimination, taking the long view that it could help the party if and when it regains Senate control.
Moulitsas mocked the hand-wringing about the loss of the 60-vote threshold, saying "it's mostly been a tool used by conservatives" and noting that the Heritage Foundation and Sen. Ted Cruz of Texas had talked about keeping an eight-seat Supreme Court through the entire tenure of a President Hillary Clinton before the election.
"Majority rule means accountability to the voters," he said. "It also means that elections really do matter, since the losers can't hide behind parliamentary maneuvers. So if McConnell really has the votes to kill it, good riddance."
Read the original here:
Why Democrats aren't worried about the 'nuclear option ...
- Poll: Frustration with Trump gives Democrats an opening a year before the midterms - NBC News - November 3rd, 2025 [November 3rd, 2025]
- Democrats are winning the shutdown politics. Can they stop now? - CNN - November 3rd, 2025 [November 3rd, 2025]
- Trump says government shutdown ends when Democrats give in: "If they don't vote, that's their problem" - CBS News - November 3rd, 2025 [November 3rd, 2025]
- Abigail Spanberger Thinks That Democrats Need to Listen More - The New Yorker - November 3rd, 2025 [November 3rd, 2025]
- 'I don't look at this as politics': Kaine pressed on what Democrats have gained from shutdown - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Sen. Fetterman: 'Democrats really need to own the shutdown. I mean, we're shutting it down' - CNN - November 3rd, 2025 [November 3rd, 2025]
- LEADER JEFFRIES ON CNN: WHY HAS DONALD TRUMP SPENT MORE TIMEON THE GOLF COURSE THAN HE HAS IN TALKING TO DEMOCRATS? Congressman Hakeem Jeffries -... - November 3rd, 2025 [November 3rd, 2025]
- The Super PAC Trying to Free Democrats From the Cult of the Quants - Politico - November 3rd, 2025 [November 3rd, 2025]
- Trump Is the Democrats Best Campaigner - Politico - November 3rd, 2025 [November 3rd, 2025]
- Democrats Running for Governor Stick to a Familiar Theme: Fight Trump - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- As Barack Obama stumps for other Democrats, the party gets to see what it lost - The Guardian - November 3rd, 2025 [November 3rd, 2025]
- Democrats must not cave in to Donald Trump - The Guardian - November 3rd, 2025 [November 3rd, 2025]
- Briahna Joy Gray: Is Zohran Mamdani the future of the Democrats? - Al Jazeera - November 3rd, 2025 [November 3rd, 2025]
- Democrats should be taking the fight to Trump the problem is, hes got them battling each other | Jonathan Freedland - The Guardian - November 3rd, 2025 [November 3rd, 2025]
- Democrats are losing pride in America and thats a problem for BOTH - New York Post - November 3rd, 2025 [November 3rd, 2025]
- The Democrats vision quest is complete They have the white papers to show for it - UnHerd - November 3rd, 2025 [November 3rd, 2025]
- Article | Democrats are searching for their next leader. But they still have Obama. - POLITICO Pro - November 3rd, 2025 [November 3rd, 2025]
- They Dread Trump But Cant Stop Fighting Each Other: Meet the Democrats - The Bulwark - November 3rd, 2025 [November 3rd, 2025]
- White House hopefuls hit the 2025 campaign trail as Democrats try to turn the page - USA Today - November 3rd, 2025 [November 3rd, 2025]
- Democrats are being blamed by their own side for the shutdown. - facebook.com - November 3rd, 2025 [November 3rd, 2025]
- Democrats feared Republican efforts to oust Pa. Supreme Court justices. They spent significantly more on the race - TribLIVE.com - November 3rd, 2025 [November 3rd, 2025]
- Democrats unflinching in shutdown strategy, blaming Trump with millions at risk of losing food aid - CNN - October 28th, 2025 [October 28th, 2025]
- These Two Democrats Were Runaway Favorites. They Havent Sealed the Deal. - The Wall Street Journal - October 28th, 2025 [October 28th, 2025]
- Democrats get aggressive on remapping congressional lines - Politico - October 28th, 2025 [October 28th, 2025]
- Bookman: Democrats have a chance to flip governor's seat in Georgia, with the right candidate - Georgia Recorder - October 28th, 2025 [October 28th, 2025]
- Democrats on the Graham Platner controversy - WHYY - October 28th, 2025 [October 28th, 2025]
- Democrats dig into Army Corps project funding freezes - E&E News by POLITICO - October 28th, 2025 [October 28th, 2025]
- Democrats move forward with new 2028 calendar - Politico - October 28th, 2025 [October 28th, 2025]
- Democrats plan to sue over food aid as GOP splits on legislative patch - Politico - October 28th, 2025 [October 28th, 2025]
- A democratic socialist is poised to become New York mayor. Democrats are nervous. - The Washington Post - October 28th, 2025 [October 28th, 2025]
- Hundreds of People With Top Secret Clearance Exposed by House Democrats Website - WIRED - October 28th, 2025 [October 28th, 2025]
- How Abigail Spanberger and Mikie Sherrill hope to redefine Democrats in Virginia and NJ - USA Today - October 28th, 2025 [October 28th, 2025]
- Democrats Just Lost a Key Ally in the Shutdown Fight - New York Magazine - October 28th, 2025 [October 28th, 2025]
- As Democrats begin to set 2028 primary calendar, NH readies its case to lead off - New Hampshire Public Radio - October 28th, 2025 [October 28th, 2025]
- Top Democrats hit with brutal wake-up call on quest to take on Trump: Better listen - NJ.com - October 28th, 2025 [October 28th, 2025]
- Virginia Democrats are set to join the redistricting war. Their candidate for governor is staying out of it - CNN - October 28th, 2025 [October 28th, 2025]
- AFGE, largest federal workers' union, calls for end to shutdown, putting pressure on Democrats - NBC News - October 28th, 2025 [October 28th, 2025]
- If Democrats want to win, they need to start driving in the middle lane - The Hill - October 28th, 2025 [October 28th, 2025]
- Democrats ACA Subsidy Fight Is Really About Red States - NOTUS News of the United States - October 28th, 2025 [October 28th, 2025]
- Democrats Say Federal Workers Dont Want Them to Cave. Their Union Says Otherwise. - NOTUS News of the United States - October 28th, 2025 [October 28th, 2025]
- Is New Yorks Zohran Mamdani the future of the struggling US Democrats? - South China Morning Post - October 28th, 2025 [October 28th, 2025]
- Congresswoman Escobar, House Democrats Call on Trump Admin to Use SNAP Reserve Funding to Continue November Benefits Without Interruption -... - October 26th, 2025 [October 26th, 2025]
- Democrats can renovate the White House the right way when theyre in power - San Diego Union-Tribune - October 26th, 2025 [October 26th, 2025]
- Democrats Troll Grinch Melania Trump Over East Wing Destruction - Yahoo - October 26th, 2025 [October 26th, 2025]
- The GOP expected Democrats to relent on the shutdown by now. That isn't happening. - NBC News - October 24th, 2025 [October 24th, 2025]
- How Big Tent Are Democrats Willing to Go? - The Atlantic - October 24th, 2025 [October 24th, 2025]
- Opinion | How Can Democrats Win Back the Working Class? - The New York Times - October 24th, 2025 [October 24th, 2025]
- Virginia Democrats aim to redraw maps to help party gain seats in Congress - The Guardian - October 24th, 2025 [October 24th, 2025]
- Democrats Vote to Abandon Active Duty Military Members - Congresswoman Jen Kiggans (.gov) - October 24th, 2025 [October 24th, 2025]
- GOP attempts to squeeze Democrats with vote to pay essential workers, including troops and TSA agents - CNN - October 24th, 2025 [October 24th, 2025]
- Virginia Democrats are the next surprising entrant into the redistricting battle - Politico - October 24th, 2025 [October 24th, 2025]
- Democrats ask Tennessee governor to cover aid for 690,000 imperiled by shutdown - Chattanooga Times Free Press - October 24th, 2025 [October 24th, 2025]
- New Britain Democrats Talk Staffing, Funding and Resources in Run for Board of Ed - CT Examiner - October 24th, 2025 [October 24th, 2025]
- Top Democrats demand details of spy agencies role in boat strikes - The Washington Post - October 24th, 2025 [October 24th, 2025]
- IN THE STATES: With Less Than Two Weeks to Election Day, Democrats Are Fired Up and Ready to Win Across the Board - democrats.org - October 24th, 2025 [October 24th, 2025]
- Gov. Shapiro heading to New Jersey, Virginia to help Democrats running for governor - Pittsburgh Post-Gazette - October 24th, 2025 [October 24th, 2025]
- Ritz on CSPAN: Democrats and Fiscal Policy - Progressive Policy Institute - October 24th, 2025 [October 24th, 2025]
- Democrats Block Federal Worker Pay Bill as Shutdown Drags On - The New York Times - October 24th, 2025 [October 24th, 2025]
- Trump's White House ballroom will be a boon for us. Why are Democrats so triggered? | Opinion - USA Today - October 24th, 2025 [October 24th, 2025]
- Redistricting forces Houston Democrats of color to compete - The Texas Tribune - October 24th, 2025 [October 24th, 2025]
- Brandon McGinley: Democrats will regret trying to oust John Fetterman - Pittsburgh Post-Gazette - October 24th, 2025 [October 24th, 2025]
- Democrats Reckon With Digital Fundraising Tactics Ahead of 2026 - Campaigns & Elections - October 24th, 2025 [October 24th, 2025]
- Chicago Democrats hold shadow hearing on Trumps immigration crackdown - FOX 32 Chicago - October 24th, 2025 [October 24th, 2025]
- Maryland Democrats hear from federal workers at Bowie town hall - WTOP - October 24th, 2025 [October 24th, 2025]
- Democrats call on 'disengaged' Trump to get involved to end shutdown - NBC News - October 23rd, 2025 [October 23rd, 2025]
- Schumer blocks 12th GOP bid to reopen government as Trump says Democrats 'lost the negotiation' - Fox News - October 23rd, 2025 [October 23rd, 2025]
- Opinion | Are These the Two Women Who Can Turn It Around for Democrats? - The New York Times - October 23rd, 2025 [October 23rd, 2025]
- Democrats Keep Falling for Political Fantasies. When Will They Learn? - Politico - October 23rd, 2025 [October 23rd, 2025]
- The buzzy word that Democrats have pinned their hopes on - vox.com - October 23rd, 2025 [October 23rd, 2025]
- Karine Jean-Pierre on why she left the Democrats and calls herself independent - NPR - October 23rd, 2025 [October 23rd, 2025]
- Could Democrats win the shutdown standoff? Theyre still winning the blame game - CNN - October 23rd, 2025 [October 23rd, 2025]
- Despite the Democrats Government Shutdown, ICE Arrests the Worst of the Worst Including Pedophiles, Carjackers, and Gang Members - Homeland Security... - October 23rd, 2025 [October 23rd, 2025]
- Despite Democrats Government Shutdown, ICE Arrests the Worst of the Worst Including Pedophiles, Child Abusers, and Sexual Predators - Homeland... - October 23rd, 2025 [October 23rd, 2025]
- Democrats call on Rubio to help secure release of Palestinian-American teen held in Israeli prison - The Guardian - October 23rd, 2025 [October 23rd, 2025]
- Fetterman breaks with Democrats over shutdown, vows to put 'country over party' - Fox News - October 23rd, 2025 [October 23rd, 2025]
- Despite Infighting, Democrats Can Still Unite Around One Common Goal - American Enterprise Institute - AEI - October 23rd, 2025 [October 23rd, 2025]
- Scalise Calls Out Democrats Prioritizing Hatred of Trump Over the American People - Congressman Steve Scalise (.gov) - October 23rd, 2025 [October 23rd, 2025]
- Review | In her new book, Bidens former press secretary lets Democrats have it - The Washington Post - October 23rd, 2025 [October 23rd, 2025]
- Chairman Comer Blasts Democrats for Smears Against President Trump, Urges Them to Reopen the Government - House.gov - October 23rd, 2025 [October 23rd, 2025]
- Democrats warn Trump team against weaponizing the IRS - The Washington Post - October 23rd, 2025 [October 23rd, 2025]