Sen. Claire McCaskill, D-Mo., warned Democrats could leave themselves open for big problems if they block the confirmation of President Donald Trump's nomination of Neil Gorsuch to the Supreme Court.
An audio recording of McCaskill discussing Gorsuch's nomination with donors was given to The Kansas City Star newspaper by the Missouri Republican Party, according to the newspaper.
McCaskill noted blocking Gorsuch to fill the seat vacated when Antonin Scalia died could result in someone worse being appointed to the court, the Star reported.
GOP senators need eight Democratic votes to overcome a threatened Democratic filibuster and confirm Gorsuch, the newspaper said. And McCaskill predicted Republicans would change the rules and require 51 votes for confirmation if Democrats refuse to confirm Gorsuch.
"The Gorsuch situation is really hard," she said in the recording, the Star reported. "There are going to be people in this room that are going to say, 'No, no, no. You cannot vote for Gorsuch.' Let's assume for the purposes of this discussion that we turn down Gorsuch, that there are not eight Democrats that vote to confirm him and therefore there's not enough to put him on the Supreme Court. What then?"
She made note of the list of potential nominees Trump released before the election.
"By the way, Gorsuch was one of the better ones," McCaskill said.
"So, they pick another one off the list, and then they bring it over to the Senate, and we say 'No, no, no, this one's worse.' And there's not enough votes to confirm him. They're not going to let us do that too long before they move it to 51 votes."
The Hill reported McCaskill is still undecided how she will vote on Gorsuch.
The Hill pointed out she is up for re-election in 2018 and is viewed as vulnerable in a state where Trump won last year.
McCaskill said in the recording she is concerned what happens after the Gorsuch debate if Democrats block his confirmation and Republicans changes the rules.
"So, they move it to 51 votes, and they confirm either Gorsuch or they confirm the one after Gorsuch," she continued. "They go on the Supreme Court, and then, God forbid, Ruth Bader Ginsburg dies, or [Anthony] Kennedy retires or [Stephen] Breyer has a stroke or is no longer able to serve.
"And then all of a sudden the things I fought for with scars on my back to show for it in this state are in jeopardy."
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